Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 34 • The existence of an express condition of confidentiality between the government institution and the party that provided the information.111 • 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.112 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.113 3. Is there consent to disclose the information or has the information been made public? Subsection 13(1)(d) of FOIP has a built-in exception. The information contained in the record can be disclosed if the international organization of states (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.114 Public in this context means the information in the record is open to view by the public.115 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).116 111 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]. 112 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]. 113 SK OIPC Review Report F-2012-001/LA-2012-001 at [43]. 114 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 380. 115 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]. 116 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 208.
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