Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 25 The preceding factors are not a test but rather guidance on factors to consider. It is not an exhaustive list. Each case will require different supporting arguments. The bare assertion that the information was obtained implicitly in confidence would not be sufficient.65 Explicitly means that the request for confidentiality has been clearly expressed, distinctly stated, or made definite. There may be documentary evidence that shows that the information was obtained with the understanding that it would be kept confidential.66 Factors to consider when determining if information was obtained in confidence explicitly include (not exhaustive): • The existence of an express condition of confidentiality between the government institution and the party that provided the information.67 • The fact that the government institution requested the information be provided in a sealed envelope and/or outlined its confidentiality intentions prior to the information being provided.68 The preceding factors are not a test but rather guidance on factors to consider. It is not an exhaustive list. Each case will require different supporting arguments. Simply labelling documents as “confidential” does not, on its own, make the documents confidential (i.e., confidentiality stamps or standard automatic confidentiality statements at the end of emails). It is just one factor that we consider when determining whether the information was explicitly supplied in confidence.69 3. Is there consent to disclose the information or has the information been made public? Subsection 13(1)(b) has a built-in exception. The information contained in the record can be disclosed if the government of the other province or territory (or its agencies, Crown corporations or other institutions) agrees to its disclosure or if it has made the information public. 65 SK OIPC Review Report LA-2013-002 at [60]. 66 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at pp. 104 and 105. 67 SK OIPC Review Reports F-2006-002 at [56], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Orders 97-013 at [23] to [24], 2001-008 at [54]. 68 SK OIPC Review Reports F-2006-002 at [56], F-2012-001/LA-2012-001 at [29], LA-2013-002 at [49], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Order 97-013 at [25]. 69 SK OIPC Review Report F-2012-001/LA-2012-001 at [43].
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