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. 90 IPC Findings In Review Report 313-2016, the Commissioner considered whether the Ministry of Economy was required to create records requested by the applicant. The applicant requested the number of Saskatchewan Immigrant Nominee Program (SINP) applicants represented by a lawyer, family member, employer or consultant (RCIC) between October 11, 2013, and October 31, 2016. The Ministry of Economy advised the applicant that it did not have a way to create a record that would break down individual applicants by these criteria without double counting applications. To avoid duplication, it would require manual review and sorting. The Commissioner found that the Ministry of Economy had demonstrated that it did not have records responsive to the applicant’s access to information request. In Review Report 038-2018, the Commissioner considered whether information stored in a University of Regina database was responsive to an access to information request and whether the University of Regina was required to create records in response to an access to information request. The applicant had requested the amount of all external research funding between 2006 and 2017, the agency/company awarding the money, the title of the research project and the faculty/department that received the funding. The applicant was willing to accept a spreadsheet. Upon review, the Commissioner found that information in a database was responsive to an access request for purposes of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). Furthermore, the equivalent subsection 10(2) in LA FOIP required local authorities to give access to a record in electronic form if the record could be produced using normal computer hardware, software and technical expertise if it would not interfere with the operations of the local authority. The Commissioner found that in this case, the University of Regina was able to pull the data requested from the database without difficulty and therefore it should provide it to the applicant. Subsection 10(3) Manner of access 10(3) A head may give access to a record that is a microfilm, film, sound recording, machine-readable record or other record of information stored by electronic means: (a) by permitting the applicant to examine a transcript of the record; (b) by providing the applicant with a copy of the transcript of the record; or

RkJQdWJsaXNoZXIy MTgwMjYzOA==