Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 76 meaning. The codes were unique to SPS. SPS pointed to Ontario IPC Order PO-1665, which dealt with “ten codes”. In that case, the Ontario Commissioner agreed the codes should be withheld. The reason was that disclosure would leave OPP officers more vulnerable. Furthermore, it would compromise their ability to provide effective policing services, as it would make it easier for individuals engaged in illegal activities to carry them out and would jeopardize the safety of OPP officers who communicate with each other on publicly accessible radio transmission space. The Commissioner found that SPS appropriately applied subsection 14(1)(j) of LA FOIP to the “ten codes” because release could facilitate the commission of an offence. Subsection 15(1)(k) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (k) interfere with a law enforcement matter or disclose information respecting a law enforcement matter; … (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)(k) of FOIP is a discretionary exemption that contains both a class and harm based component. It permits refusal of access in situations where release of a record could interfere with a law enforcement matter or disclose information respecting a law enforcement matter.
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