Guide to FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 297 FOIP does not define what constitutes an “unreasonable invasion of privacy”. However, other jurisdictions in Canada have what constitutes an unreasonable invasion of privacy built into its privacy legislation. Section 31: Access to Personal Information Individual’s access to personal information 31(1) Subject to Part III and subsection (2), an individual whose personal information is contained in a record in the possession or under the control of a government institution has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record. (2) A head may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of determining the individual’s suitability, eligibility or qualifications for employment or for the awarding of government contracts and other benefits, where the information is provided explicitly or implicitly in confidence. This section can also be found in the Guide to FOIP, Chapter 3, “Access to Records” and Chapter 6, “Protection of Privacy.” It is reproduced here for ease of access. Subsection 31(1) Individual’s access to personal information 31(1) Subject to Part III and subsection (2), an individual whose personal information is contained in a record in the possession or under the control of a government institution has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record. Subsection 31(1) of FOIP provides that upon application an individual is entitled to their own personal information contained within a record unless an exemption applies under Part III or subsection 31(2) of FOIP applies.

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