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. 93 pursuant to subsection 10(2) of FOIP (now subsection 10(4) of FOIP). The applicant had requested access to any and all written documents that included the applicants name in any form from June 2014 until the time of the access request. Justice did not provide the applicant with copies of emails that were sent to or from the applicant. Justice did not provide them because the applicant was an employee of Justice and the applicant had access to the emails sent to and from him through his work email account. Justice asserted that this satisfied its requirement under subsection 10(2) of FOIP. Upon review, the Commissioner found that if the applicant wanted Justice to gather and print copies of records the applicant had access to, it was reasonable to charge fees. SECTION 11: TRANSFER OF APPLICATION Transfer of application 11(1) Where the head of the government institution to which an application is made considers that another government institution has a greater interest in the record, the head: (a) may, within 15 days after the application is made, transfer the application and, if necessary, the record to the other government institution; and (b) if a record is transferred pursuant to clause (a), shall give written notice of the transfer and the date of the transfer to the applicant. (2) For the purposes of this section, a government institution has a greater interest in a record if: (a) the record was originally prepared in or for the government institution; or (b) the government institution was the first government institution to obtain the record or a copy of the record. (3) For the purposes of section 7, an application that is transferred pursuant to subsection (1) is deemed to have been made to the government institution on the day of the transfer. There are occasions when an applicant makes a request to one government institution that would be more appropriately handled by another government institution. Greater interest is where two or more government institutions have possession or control of a record, the concept of greater interest may be used to determine which government

RkJQdWJsaXNoZXIy MTgwMjYzOA==