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. 92 FOIP had no qualifier that must be met by the government institution when opting for viewing of records other than the record needed to be a sound or video recording. In this case, the record was a video recording. As such, it was the discretion of the government institution whether to allow viewing or providing a copy. The Commissioner found that Justice was not obligated under FOIP to provide the applicant with a copy of the video recordings pursuant to subsection 10(3)(c) of FOIP. In Review Report 110-2015, the Commissioner considered whether the Saskatchewan Police Commission complied with subsection 10(3) of FOIP. The applicant requested copies of tape recordings of interviewed witnesses involved in an investigation. As the tape recordings were transcribed and part of the file, it chose to provide copies of the transcripts to the applicant. Furthermore, the original tape recordings were considered transitory once transcribed and had been destroyed. Upon review, the Commissioner found that destroying the audio recordings following transcription complied with guidance from the Saskatchewan Archives Board. Furthermore, the Commissioner found that subsection 10(3) of FOIP did not require a government institution to provide both audio and transcription copies of a record. As such, the Saskatchewan Police Commission providing a transcript of the recordings was an appropriate manner of access for the applicant. Subsection 10(4) Manner of access 10(4) A head may give access to a record: (a) by providing the applicant with a copy of the record; or (b) if it is not reasonable to reproduce the record, by giving the applicant an opportunity to examine the record. Government institutions can provide applicants with a copy of the record or give the applicant an opportunity to examine the record if it is not reasonable to reproduce it. This provision was formerly subsection 10(2) of FOIP prior to the amendments of January 1, 2018. IPC Findings In Review Report 027-2016, the Commissioner considered whether the Ministry of Justice and Attorney General (Justice) had an obligation to provide the applicant copies of records

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