Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 73 or exceedingly remote, the exemption should not be invoked.273 For this provision to apply there must be objective grounds for believing that disclosing the information could reveal law enforcement intelligence information. Reveal means to make known; cause or allow to be seen.274 When there is a review by the IPC, the government institution is invited to provide a submission (arguments). The government institution must establish how and why disclosure of the information in question could reveal the intelligence information. A government institution cannot rely on subsection 15(1)(i) of FOIP for 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 (see subsection 15(2)). Subsection 15(1)(j) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (j) facilitate the commission of an offence or tend to impede the detection of an offence; … (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)(j) of FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could facilitate the commission of an offence or impedes the detection of one. 273 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 274 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1224.
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