Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 201 Subsection 19(1)(a) Third party information 19(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: (a) trade secrets of a third party; … (2) A head may give access to a record that contains information described in subsection (1) with the written consent of the third party to whom the information relates. (3) Subject to Part V, a head may give access to a record that contains information described in subsection (1) if: (a) disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure could reasonably be expected to clearly outweigh in importance any: (i) financial loss or gain to; (ii) prejudice to the competitive position of; or (iii) interference with contractual or other negotiations of; a third party. Subsection 19(1)(a) of FOIP is a mandatory, class-based exemption. It permits refusal of access in situations where a record contains the trade secrets of a third party. The following test can be applied: Does the record contain trade secrets of a third party? Trade secret is defined as information, including a plan or process, tool, mechanism or compound, which possesses each of the four following characteristics: i) The information must be secret in an absolute or relative sense (is known only by one or a relatively small number of people) ii) The possessor of the information must demonstrate he/she has acted with the intention to treat the information as secret. iii) The information must be capable of industrial or commercial application.
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