Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 241 i) Determine whether the information qualifies or might qualify for exemption pursuant to subsection 19(1) of FOIP. The public interest “override” comes into play only when all or part of a record falls within one or more of the classes of records described in subsection 19(1) of FOIP. ii) Determine whether the record is related to public health, public safety or protection of the environment. When undertaking the initial review of records, consider immediately whether a public interest “override” may come into play. iii) Consider whether disclosure of the record related to public health, public safety or protection of the environment may be in the public interest. iv) Send a notice to the third party pursuant to section 34 of FOIP. If the records are related to public health, public safety or protection of the environment, government institutions should ask the third party to provide not only representations as to why they consider the information to be exempted from disclosure but also reasons why disclosure in the public interest should not outweigh in importance the injury involved. The government institution should be very clear about the type of information needed from the third party to decide. v) Analyze the representations of the third party. Once the representations have been received, government institutions should thoroughly analyze the arguments presented by the third party to justify subsection 19(1) exemptions. If the government institution accepts the third party’s representations as substantiating an exemption under subsection 19(1) of FOIP, it must then consider the representations made against disclosure in the public interest. Once a decision is made, the government institution should provide notification procedures as set out in section 37 of FOIP. The following three-part test can be applied:
RkJQdWJsaXNoZXIy MTgwMjYzOA==