Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 57 reasonable effort is the level of effort you would expect of any fair, sensible person searching areas where records are likely to be stored. What is reasonable depends on the request and related circumstances.99 2. No possession/control of the record There are times that a record exists, but it is not within the possession or under the control of the government institution. Section 5 of FOIP provides the right of access to records that are in the possession or under the control of the government institution that received the access to information request. For more on possession and control see, the Guide to FOIP, Chapter 1, “Purposes and Scope of FOIP” under FOIP Applies, Section 5: Possession or Control. Even if a government institution does not possess or control a record, merely citing subsection 7(2)(e) of FOIP may not be adequate. If the government institution considers that another government institution has a “greater interest” in the record, the government institution should transfer the applicant’s access to information request in accordance with section 11 of FOIP.100 For more on transferring an access to information request, see Section 11: Transfer of Application, later in this Chapter. Subsection 7(2)(f) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: … (f) stating that confirmation or denial of the existence of the record is refused pursuant to subsection (4); or Subsection 7(2)(f) of FOIP provides that in certain cases, a government institution may refuse to confirm or deny the existence of a record. If a government institution intends to invoke this provision, it must do so in compliance with subsection 7(4) of FOIP. For more, see Subsection 7(4), later in this Chapter. 99 SK OIPC Review Reports F-2008-001 at [38] and F-2012-002 at [26]. 100 SK OIPC Review Report F-2008-002 at [20].
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