Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 175 Subsection 18(1)(c) Economic and other interests 18(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (c) scientific or technical information obtained through research by an employee of a government institution, the disclosure of which could reasonably be expected to deprive the employee of priority of publication; … (2) A head shall not refuse, pursuant to subsection (1), to give access to a record that contains the results of product or environmental testing carried out by or for a government institution, unless the testing was conducted: (a) as a service to a person, a group of persons or an organization other than a government institution, and for a fee; or (b) as preliminary or experimental tests for the purpose of: (i) developing methods of testing; or (ii) testing products for possible purchase. Subsection 18(1)(c) of FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could reasonably be expected to disclose scientific or technical information obtained through research by an employee of a government institution, the disclosure of which could reasonably be expected to deprive the employee of priority of publication. Government institutions employ a wide range of researchers, including professional scientists, technicians and social scientists. Their reputations are often dependent on the research they publish.631 The fact that the employees have a professional reputation is of considerable value to the government institutions that employ them. In addition, their research often has monetary and program value for the government institutions. For these reasons, FOIP protects the priority of publication for all types of research.632 631 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 193. 632 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 193.
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