Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 12 (a) disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure could reasonably be expected to clearly outweigh in importance any: (i) financial loss or gain to; (ii) prejudice to the competitive position of; or (iii) interference with contractual or other negotiations of; a third party. Section 19 of FOIP is a mandatory, class-based and harm-based provision, meaning it contains both class and harm-based exemptions. As a mandatory provision, the government institution has no, or more limited, discretion regarding whether or not to apply the exemption. That is, if the information is covered by the exemption and the conditions for the exercise of discretion do not exist, then it must not be disclosed. The provision is intended to protect the business interests of third parties and to ensure that government institutions are able to maintain the confidentiality necessary to effectively carryon business with the private sector.16 The Government of Saskatchewan collects a wide range of information from third parties. This information may be submitted voluntarily, such as in a bid for a government contract, or submitted as required by law, such as for proof of regulatory compliance. There is a compelling need to protect information that is provided to the government by third parties if the information falls within one of the enumerated exemptions under section 19 of FOIP.17 Some common examples where government institutions may have possession or control of third party records include: • Records that have been provided under legislated or regulatory requirements. • Records including the personal information of individuals applying for benefits or services. • Records collected as part of a procurement of products or services. 16 Office of the Nunavut Information and Privacy Commissioner (NU IPC) Review Report 03-08 at p. 7. 17 Adapted from the Information Commissioner of Canada’s 2017-2018 Annual Report, Investigation Highlights, Section 20 – Third Party Information. Available at https://www.oicci.gc.ca/en/resources/reports-publications/2017-2018-investigation-highlights#h3. Accessed July 22, 2019.
RkJQdWJsaXNoZXIy MTgwMjYzOA==