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. 92 A government institution cannot rely on subsection 15(1)(m) 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)). IPC Findings In Review Report 037-2018, the Commissioner considered the equivalent provision in LA FOIP. The applicant had requested records from the Saskatoon Police Service (SPS) related to a specific incident. SPS released some records to the applicant and withheld others pursuant to several provisions including subsection 14(1)(m) of LA FOIP. SPS applied subsection 14(1)(m) of LA FOIP to two pages of the record which constituted a note from an officer to a prosecutor. It advised of special arrangements that may have been required in the courtroom based on the history of some of the individuals involved in the court proceeding. SPS asserted that the note revealed the security arrangements of the Court of King’s Bench building. Furthermore, that it would reveal patterns of security personnel at the Court. Upon review, the Commissioner found that the note only contained one suggestion about security for the Court of King’s Bench. In addition, there was no evidence that the suggestion had been relayed on to the Court or that the Court followed the suggestion. Finally, if the security measure had been followed, it would have been observable by those who attended at the time. The Commissioner was not persuaded that subsection 14(1)(m) of LA FOIP applied to the note. Subsection 15(2) Law enforcement and investigations 15(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(2) of FOIP provides that a government institution cannot rely on subsection 15(1) of FOIP for a record that:

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