Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 245 Use of the word “clearly” means the test is rigorous, limiting the applicability of the public interest “override”.835 Outweigh means to be of more importance or value than something else.836 In determining if the public interest clearly outweighs in importance the financial loss or gain, competitive prejudice or interference in negotiations of a third party, the following can be considered:837 • Quantify the financial loss or gain, prejudice to competitive position or degree of interference in negotiations of the third party. • In the case of information described in subsection 19(1), what degree of importance is attached to keeping the information confidential. • What is the nature of the relationship between the government institution and the third party, i.e., why did the third party supply the information to the government. o Voluntary If so, what were the circumstances. o Mandatory • Describe any chilling effect of disclosure, if any. • Describe any impact on the government relationship or duty it must maintain information in a confidential fashion. • What factors did the government institution consider in assessing whether subsection 19(3) applies. • Why did the government institution decide not to disclose pursuant to subsection 19(3). • Did the government institution consider the purposes of FOIP in its decision. For example: o Provides for the right of access. o Government information should be available to the public. 835 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.11. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed September 4, 2019. 836 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1330. 837 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 20(2), (5), (6): Questions – Disclosure Authorized in Public Interest. Available at https://www.oicci.gc.ca/en/investigators-guide-interpreting-act/section-20256-questions-disclosure-authorizedpublic-interest. Accessed September 4, 2019.
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