Guide to FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 70 1. It must state that access is refused to all or part of the record. 2. It must set out the reason for refusal. 3. It must identify the specific provision of the Act on which the refusal is based.117 When providing the record to the IPC for a review, the government institution can submit the record in one of two ways: 1. By showing the withheld portion of the record in red ink, leaving the disclosed portion in black ink, and clearly indicating, beside or near the withheld portion, the applicable exemption(s) of the Act. 2. Alternatively, by providing a copy of the record with: a. The withheld information outlined or highlighted so it is still visible; and b. The applicable exemption(s) clearly indicated beside or near the withheld information.118 However, any format will be accepted provided it is clear what is withheld and what exemptions are being relied upon for each item severed. If including multiple exemptions to a sentence or a paragraph, government institutions should indicate which portion of the sentence or paragraph the individual exemption(s) is being applied. For more on how to sever, see IPC Webinar, Modern Age Severing Made a Lot Easier. IPC Findings In Review Report F-2006-003, the Commissioner addressed issues with severing in a review involving the Ministry of Justice. The Commissioner noted that though severing of line items was apparent, each severed item lacked a notation indicating which exemption(s) applied in each instance. The Commissioner commented on the requirements of section 8 of FOIP. The Commissioner indicated that the duty to sever means that any exemption claimed by a government institution must be clearly linked to the appropriate lines in the document being severed. 117 SK OIPC Review Reports F-2006-003 at [21] to [22], F-2008-001 at [28], F-2012-006 at [126], F-2014001 at [62], 211-2017 at [125]. 118 SK OIPC Resource, What to Expect During a Review with the IPC, at p. 4, Review Reports F-2006-003 at [20], F-2008-001 at [27], F-2012-006 at [126], F-2013-006 at [36], F-2014-001 at [62], 263-2016 to 268-2016 at [51], 211-2017 at [125].

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