Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 15 Subsection 19(3) of FOIP is a discretionary provision for the release of third-party information in circumstances where the head of the government institution forms the opinion that disclosure “could reasonably be in the public interest as it relates to public health, public safety or protection of the environment”. For more on this provision, see subsection 19(3) later in this Chapter. IPC Findings The Commissioner considered subsection 19(3) of FOIP in Review Report 043-2015. An applicant made an access to information request to the Ministry of Environment for the “2012 and 2013 Water and Air Quality Compliance Reports”. The Ministry withheld portions of the two reports citing subsections 19(1)(b) and (c) of FOIP (third party information). Upon review, the Commissioner found that subsection 19(1)(c) of FOIP applied to portions of the reports. Further, the Commissioner found that the public interest resulting from disclosure of the information would outweigh in importance any financial loss or prejudice to the competitive position of the third party. As such, the Commissioner found that subsection 19(3) of FOIP applied. The Commissioner recommended release. Subsection 29(2)(o) Disclosure of personal information 29(2) Subject to any other Act or regulation, personal information in the possession or under the control of a government institution may be disclosed: … (o) for any purpose where, in the opinion of the head: (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (ii) disclosure would clearly benefit the individual to whom the information relates; Subsection 29(2)(o) of FOIP is a discretionary provision for the release of personal information without consent in circumstances where the head of the government institution forms the opinion that the public interest “clearly outweighs any invasion of privacy” or where disclosure would “clearly benefit the individual to whom the information relates.” For more on this provision, see the Guide to FOIP, Chapter 5, “Third Party Information” or Chapter 6, “Protection of Privacy.”
RkJQdWJsaXNoZXIy MTgwMjYzOA==