Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 30 • 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.90 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.91 3. Is there consent to disclose the information or has the information been made public? Subsection 13(1)(c) has a built-in exception. The information contained in the record can be disclosed if the government of the foreign jurisdiction (or its institutions) agrees to its disclosure or if it has made the information public. Consent in this context means there is an agreement, approval or permission to disclose the information.92 Public in this context means the information in the record is open to view by the public.93 Released to the public means made available to the public at large either through active dissemination channels or through provision of the information at specific locations (e.g., public libraries, posted on a website).94 Consultation with the other party or parties from which the information was obtained should take place to determine if either consent will be given or if the information has or will be made public.95 90 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]. 91 SK OIPC Review Report F-2012-001/LA-2012-001 at [43]. 92 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 380. 93 Adapted from Garner, Bryan A., 2004. Black’s Law Dictionary, 8th Edition. St. Paul, Minn.: West Group at p. 1301. Relied on in part in Germain v. Automobile Injury Appeal Commission, 2009 SKQB 106 (CanLII) at [69] and [72], cited in part in Investigation Report LA-2012-001 at [14] to [17]. 94 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 208. 95 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 164.
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