Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 298 Government institutions should interpret the exemptions to this right to personal information with a view to giving an individual as much access as possible. Records containing personal information may be very sensitive in nature, so care must be taken to ensure that proper safeguards are in place when these types of records are released. When providing an applicant with access to personal information, a government institution must be satisfied that the individual receiving the information is indeed the individual that the information is about or a duly appointed representative of that person.1025 For more on duly appointed representatives, see the Guide to FOIP, Chapter 3, “Access to Records”, at Exercise of Rights by Authorized Representatives.1026 For more information on verifying the identity of the applicant, the Ministry of Justice, Access and Privacy Branch issued the resource, Verifying the Identity of an Applicant. It provides helpful direction on steps to take to verify identity. Subsection 31(2) Individual’s access to personal information 31(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. Subsection 31(2) of FOIP enables the head to refuse to disclose to individuals, personal information that is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility, or qualifications for employment or for the awarding of government contracts and other benefits. The provision attempts to address two competing interests: the right of an individual to have access to his or her personal information and the need to protect the flow of frank information to government institutions so that appropriate decisions can be made respecting the awarding of jobs, contracts and other benefits.1027 The following three-part test can be applied: 1025 Government of Saskatchewan, Ministry of Justice, Access and Privacy Branch, Verifying the Identity of an Applicant, September 2017, at p. 2. 1026 Also see section 59 (Exercise of rights by other persons) in FOIP. 1027 Adapted from ON IPC Order P-773. Ontario has a similar provision at subsection 49(c) of its Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31.
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