Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 71 IPC Findings The Commissioner considered the equivalent subsection in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) in Investigation Report 092-2015 to 0952015. The investigation involved the collection and disclosure of a care aide’s personal information. The Commissioner found that there was a public interest in the release of the information and that the public interest outweighed any invasion of privacy. In Review Report LA-2013-001, the Commissioner considered whether opinion evidence that was integral to an overall record of a harassment investigation should be released to the applicant. The record included opinions of individuals other than the applicant and the applicant was the alleged harasser. The Commissioner, bound by the decision in Liick v. Saskatchewan (Minister of Health), 1994 CanLII 4934 (SK QB), found that the personal information of the other individuals in the investigation record should be released to the applicant because release would clearly benefit the applicant and the public interest in disclosure clearly outweighed any invasion of privacy that could result from disclosure. The Commissioner recommended release of the entire record with the exception of the personal health information of other individuals and information subject to subsection 14(1)(d) of The Local Authority Freedom of Information and Protection of Privacy Act. Subsection 29(2)(o)(ii) Disclosure of personal information 29(2) Subject to any other Act or regulation, personal information in the possession or under the control of a government institution may be disclosed: … (o) for any purpose where, in the opinion of the head: … (ii) disclosure would clearly benefit the individual to whom the information relates; The head can disclose personal information in a record without the consent of the individual to whom it relates when it is deemed disclosure would clearly benefit the individual. All three parts of the following test must be met:
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