Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 80 b) Reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program (see subsection 15(2)). IPC Findings In Review Report F-2014-001, the Commissioner, considered subsection 15(1)(k) of FOIP. An applicant had made an access request to the Financial and Consumer Affairs Authority of Saskatchewan (FCAAS) for all information associated to the applicant. The FCAAS provided access to some records and withheld others citing a number of exemptions including subsection 15(1)(k) of FOIP. Upon review, the Commissioner found that the FCAAS was conducting investigations pursuant to three pieces of legislation therefore, it was an appropriate law enforcement agency for purposes of subsection 15(1)(k) of FOIP and sanctions could result from the enforcement actions (proceedings) being taken by the FCAAS. As such, a law enforcement matter was found to exist. Further, the Commissioner found that release of the records could disclose information respecting that law enforcement matter. Subsection 15(1)(k.1) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (k.1) endanger the life or physical safety of a law enforcement officer or any other person; … (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.1) of FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could endanger the life or physical safety of a law enforcement officer or any other person.
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