Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 16 Where a government institution intends to rely on this provision to release personal information in response to an access to information request, notification is required to the individual to whom the information relates pursuant to the third-party notification requirements outlined at subsection 34(1)(b) of FOIP. IPC Findings The Commissioner considered the equivalent subsection in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) in Investigation Report 092-2015 to 0952015. The investigation involved the collection and disclosure of a care aide’s personal information. The Commissioner found that there was a public interest in the release of the information and that the public interest outweighed any invasion of privacy. Section 13: Records From Other Governments Records from other governments 13(1) A head shall refuse to give access to information contained in a record that was obtained in confidence, implicitly or explicitly, from: (a) the Government of Canada or its agencies, Crown corporations or other institutions; (b) the government of another province or territory of Canada, or its agencies, Crown corporations or other institutions; (c) the government of a foreign jurisdiction or its institutions; or (d) an international organization of states or its institutions; unless the government or institution from which the information was obtained consents to the disclosure or makes the information public. (2) A head may refuse to give access to information contained in a record that was obtained in confidence, implicitly or explicitly, from a local authority as defined in the regulations. Subsection 13(1) of FOIP is a mandatory class-based provision. It permits refusal of access to information in records received in confidence both formally and informally from other governments including its agencies or institutions. When considering this provision, government institutions should determine whether there is consent to release the information or if the information has been made public by the organization to which the information was obtained.
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