Guide to FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 7 contained in a record. Part IV of the Act, which is entitled “Protection of Privacy” deals with balancing the right of access to information with the protection of the interests of the individual in their own personal information.11 Class and Harm - Based Exemptions Exemptions under FOIP fall into two types – class-based and harm-based exemptions. Class-based Exemptions Class-based exemptions apply where the information falls within the class of information described in the exemption, and there is no reference to any consequence (or harm) that might result from the release of the information. Class-based exemptions presuppose that the information is inherently sensitive and that an injury or prejudice would automatically flow from release.12 Examples include section 16 of FOIP which protects cabinet documents. For class-based exemptions, the government institution must show that the information in question falls within the class of records described in the exemption. Class-based exemptions in FOIP include: • Section 13; • Section 14; • Parts of section 15; • Section 16; • Section 17; • Parts of section 18; • Parts of section 19; and • Section 22. 11 Hande v University of Saskatchewan, QBG 1222 of 2018, May 21, 2019 at [15]. 12 Government of Canada, Department of Justice, Resource, Strengthening the Access to Information Act,, accessed June 7, 2019.