Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 257 Safety means the state of being protected from or guarded against hurt or injury; freedom from danger.874 Physical health refers to the well-being of an individual’s physical body.875 Determination of the effect of a release of information on an individual’s physical health must consider the current or normal state of health of persons who may be affected by the release of information, as well as the decline in health that is expected to occur if the information is disclosed to the applicant.876 Mental health means the condition of a person in respect of the functioning of the mind.877 It means the ability of a person’s mind to function in its normal state. Determination of the effect of a release of information on a person’s mental health must, where practicable, be based on a subjective evaluation made on a case-by-case basis.878 The exemption can apply where the nature of the applicant is the reason harm may occur. For example: Mental health: where the applicant has a history of mental or emotional difficulties and disclosure of the information could worsen or aggravate his/her condition to the point that he/she could harm someone. Violent behavior: where the applicant has a history of violent behavior and disclosure of the identity of informants who assisted the government in its case against the applicant could endanger the safety of the informants.879 It is fair then to look at the probable effect of disclosure from the perspective of the applicant – i.e., what use might this specific applicant make of the requested information? What, in view 874 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2647. 875 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 137. 876 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 877 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 1220. 878 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 879 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 17: Safety of Individuals. Available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-17-safety-individuals. Accessed September 6, 2019.
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