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. 71 Subsection 15(1)(i) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (i) reveal law enforcement intelligence information; … (2) Subsection (1) does not apply to a record that: (a) provides a general outline of the structure or programs of a law enforcement agency; or (b) reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program. Subsection 15(1)(i) of FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reveal law enforcement intelligence information. The following two-part test can be applied: 1. Does the information constitute law enforcement intelligence information? Law enforcement includes:263 a) Policing, including criminal intelligence operations. Policing refers to the activities of police services. This means activities carried out under the authority of a statute regarding the maintenance of public order, detection and prevention of crime or the enforcement of law.264 Criminal intelligence is information relating to a person or group of persons compiled by law enforcement to anticipate, prevent or monitor possible criminal activity. Intelligence-gathering is sometimes a separate activity from the conduct of specific investigations. Intelligence may be used for future investigations, for activities 263 Definition from Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, SNL 2002, c A-1.1 at subsection 2(i), similar definition in Ontario’s Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter F.31 at subsection 2(1)(b), similar definition in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 264 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145.