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. 31 Subsection 13(1)(d) Records from other governments 13(1) A head shall refuse to give access to information contained in a record that was obtained in confidence, implicitly or explicitly, from: … (d) an international organization of states or its institutions; unless the government or institution from which the information was obtained consents to the disclosure or makes the information public. Subsection 13(1)(d) of FOIP is a mandatory class-based exemption. It permits refusal of access to information in a record where the information was obtained in confidence, implicitly or explicitly from international organizations of states or its institutions, unless there is consent to release or the information was made public. The following three-part test can be applied: 1. Was the information obtained from an international organization of states or its institutions? Information means facts or knowledge provided or learned as a result of research or study.96 Obtained means to acquire in any way; to get possession of; to procure; or to get a hold of by effort.97 An international organization of states refers to any organization with members representing and acting under the authority of the governments of two or more states. Examples include the United Nations and the International Monetary Fund.98 A government institution could obtain information either intentionally or unintentionally. It can also include information that was received indirectly provided its original source was the international organization of states. However, to obtain information suggests that the government institution did not create it. Regardless, the provision is not so much driven by the source of the record to which access is sought as it is by the confidential nature and 96 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 727, (Oxford University Press), Cited in SK OIPC Review Report F-2006-002 at [45]. 97 Originated from Campbell Black, Henry, 1990. Black’s Law Dictionary, 6th Edition. St. Paul, Minn.: West Group. Adopted by AB IPC in Order 2000-021 at [26]. Adopted in SK OIPC Review Report F-2006-001 at [58] and [59]. Also, found in SK OIPC Review Report F-2006-002 at [39]. 98 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 162.