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. 88 Subsection 10(1) Manner of access 10(1) Where an applicant is entitled to access pursuant to subsection 9(1), the head shall provide the applicant with access to the record in accordance with this section. Subsection 10(1) of FOIP provides that if an applicant is entitled to access a record, the government institution should provide that access in accordance with section 10 of FOIP. Subsection 10(2) Manner of access 10(2) Subject to subsection (3), if a record is in electronic form, a head shall give access to the record in electronic form if: (a) it can be produced using the normal computer hardware and software and technical expertise of the government institution; (b) producing it would not interfere unreasonably with the operations of the government institution; and (c) it is reasonably practicable to do so. Subsection 10(2) of FOIP was an amendment on January 1, 2018. The provision provides that if the records requested are in electronic format, government institutions must provide access if three circumstances exist: 1. It can be produced using the normal computer hardware and software and technical expertise of the government institution. 2. Producing it would not interfere unreasonably with the operations of the government institution. 3. It is reasonably practicable to do so.

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