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. 91 (c) in the case of a record produced for visual or aural reception, by permitting the applicant to view or hear the record or by providing the applicant with a copy of it. Subsection 10(3) of FOIP provides that if the record is: • Microfilm • Film • Sound or video recording • Machine-readable record The government institution can provide access by: • Letting the applicant examine a transcript of the record. • Providing the applicant with a copy of the transcript. • For sound or video recording - enabling the applicant to view or hear the recording. • For sound or video recording - providing the applicant a copy of the recording. Machine-readable record means anything upon which information is stored or recorded such that a computer or other mechanical device can render the information intelligible. Examples include: • A word processing electronic document stored on a hard or floppy computer disk. • An electronic database containing personal or general information that is stored on magnetic tape. • A videocassette containing recorded sound and images. • An offset plate used in the printing industry for printing paper copies.138 IPC Findings In Review Report 138-2015, the Commissioner considered whether the Attorney General (Justice) permitting the applicant to view recordings was in compliance with subsection 10(3)(c) of FOIP. The applicant had requested copies of video surveillance records from the entrances of the Court of King’s Bench in Saskatoon recorded on a specific date. The applicant was not satisfied with Justice’s decision to allow him to view the recordings and wanted copies. Upon review, Justice asserted that it chose this manner of access because of court security reasons and that there was a high profile court case taking place the date the applicant specified for the recordings. The Commissioner found that subsection 10(3)(c) of 138 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.

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