Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 1 Overview The Freedom of Information and Protection of Privacy Act (FOIP) provides a right of access to all records under the possession or control of government institutions, subject to limited and specific exemptions. Some of the records to which FOIP applies contain information of third parties, such as private-sector businesses or individuals. Applicants often ask government institutions for access to records that contain third party business and personal information.1 The term “third party information” is generally used to refer to information the disclosure of which might particularly affect a person or organization, other than the government from which it is sought. That person or organization is called a ‘third party” because they are not involved directly in the request for information, either as the applicant or the government institution that must respond to the request.2 This Chapter explains the various provisions in FOIP that deal with third party information. What follows is non-binding guidance. Every matter should be considered on a case-by-case basis. This guidance is not intended to be an exhaustive authority on the interpretation of these provisions. Government institutions may wish to seek legal advice. Government institutions should keep section 61 of FOIP in mind. Section 61 places the burden of proof for establishing that access to a record may or must be refused on the government institution. For more on the burden of proof, see Chapter 2: Administration of FOIP. This is a guide. 1 Service Alberta, FOIP Bulletin No. 10: Third Party Notice at p. 1. 2 Government Information Access and Privacy, McNairn and Woodbury, Carswell, 2008, at p. 4-1. The tests, criteria and interpretations established in this Chapter reflect the precedents set by the current and/or former Information and Privacy Commissioners in Saskatchewan through the issuing of Review Reports. Court decisions from Saskatchewan affecting The Freedom of Information and Protection of Privacy Act (FOIP) will be followed. Where this office has not previously considered a section of FOIP, the Commissioner looked to other jurisdictions for guidance. This includes other Information and Privacy Commissioners’ Orders, Reports and/or other relevant resources. In addition, court decisions from across the country are relied upon where appropriate. This Chapter will be updated regularly to reflect any changes in precedent. This office will update the footer to reflect the last update. Using the electronic version directly from our website will ensure you are always using the most current version.
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