Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 62 (b) reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program. Subsection 15(1)(f) of FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could disclose the identity of a confidential source of information, or disclose information furnished by that source with respect to a lawful investigation or a law enforcement matter. The following two-part test can be applied: 1. Could the information disclose the identity of a confidential source? Section 15 of FOIP uses the word could versus “could reasonably be expected to” as seen in other provisions of FOIP. The threshold for could is somewhat lower than a reasonable expectation. The requirement for could is simply that the release of the information could have the specified result. There would still have to be a basis for the assertion. If it is fanciful or exceedingly remote, the exemption should not be invoked.223 For this provision to apply there must be objective grounds for believing that disclosing the information could disclose the identity of a confidential source of information or disclose information furnished by a confidential source. Identity includes the name and any identifying characteristics, symbols and numbers relating to the source.224 A confidential source is someone who has provided information with the assurance that his or her identity will remain secret. The assurance may be express or implied. There must be evidence of the circumstances in which the information was provided to establish whether the source is confidential.225 The government institution should establish that the source of the information qualifies as a confidential source.226 223 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 224 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150. 225 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150. See also British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 226 SK OIPC Review Reports 93/021 at pp. 7 and 8, 95/012 at p. 4, 2000/028 at [13], F-2014-001 at [218].
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