Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 176 The objective is to maintain the government’s ability to hire scientific and technical experts.633 The exemption is discretionary and is based on a harms test. The exemption recognizes the exclusive rights of employees of a government institution to publish works based on scientific or technical research done by them while employed by the government institution. These rights are temporary because, upon publication, the background data are no longer covered by this exemption.634 The following three-part test can be applied: 1. Does the information in question constitute scientific or technical information? Scientific information is information exhibiting the principles or methods of science. The information could include designs for a product and testing procedures or methodologies.635 It is information belonging to an organized field of knowledge in the natural, biological, or social sciences or mathematics. In addition, for information to be characterized as scientific, it must relate to the observation and testing of specific hypothesis or conclusions and be undertaken by an expert in the field. Finally, scientific information must be given a meaning separate from technical information.636 Technical information is information relating to a particular subject, craft or technique. Examples are system design specifications and the plans for an engineering project.637 It is information belonging to an organized field of knowledge which would fall under the general categories of applied sciences or mechanical arts. Examples of these fields would include architecture, engineering or electronics…it will usually involve information prepared by a professional in the field and describe the construction, operation or maintenance of a 633 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.11.3. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_11. Accessed July 17, 2019. 634 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.11.3. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_11. Accessed July 17, 2019. 635 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 191. Definition first relied on for third party exemption in SK OIPC Review Report F-2006-002 at [85]. 636 Definition originated from ON IPC including Order PO-1811. Adopted in SK OIPC Review Report F2006-002 at [87]. 637 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 191. Definition first relied on for third party exemption in SK OIPC Review Report F-2006-002 at [85].
RkJQdWJsaXNoZXIy MTgwMjYzOA==