Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 85 Any consent received should be compliant with section 18 of The Freedom of Information and Protection of Privacy Regulations. To receive notice, the individual must be able to be located with reasonable effort by the government institution. A reasonable effort is the level of effort you would expect of any fair, sensible person. What is reasonable depends on the information at issue and related circumstances.195 fIf the individual cannot reasonably be located; the government institution may dispense with giving notice pursuant to subsection 34(4) of FOIP. See below for more information on subsection 34(4) of FOIP. Government institutions should choose a delivery method that is expeditious and convenient for the third party, but which is also efficient and cost effective for the government institution. Regular mail is not recommended. Government institutions should consider sending notice and a copy of the third party information at issue via courier or priority post. Prompt delivery will allow the third party as much time as possible to respond. If sending notice and records by fax, care should be taken to prevent unauthorized disclosure of third party personal information.196 If withholding the third party personal information, no notice is required • In other words, if the government institution has decided it will not disclose the personal information pursuant to subsection 29(2)(o) of FOIP, no notice is required to be provided to the individual. • It should be noted that withholding an applicant’s own personal information can produce an absurd result 197and is contrary to subsection 31(1) of FOIP. There are limited 195 See SK IPC resource, Guide to FOIP, Chapter 3: Access to Records under heading “Search for Records” – definition for a “reasonable search” has been relied upon and modified for what is considered reasonable effort for locating a third party. A “reasonable search” was defined in SK OIPC Review Reports F-2008-001 at [38] and F-2012-002 at [26]. 196 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 217. 197 It is a principle of statutory interpretation that “interpretations that result in a lack of fit between conduct and consequences may be rejected as absurd.” In this context an “absurd” result signifies “a result that is so unreasonable, as to be unacceptable.” From Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 1, A - B at p. A-36. Originates from Ruth Sullivan, Sullivan and Driedger on the Construction of Statutes, 4th ed. (Toronto: Butterworths, 2002), at p. 247. See also SK OIPC Review Reports 027-2016 at [14], 044-2017 at [19] 059-2017 at [40], 176-2019, 1772019, 262-2019, 263-2019 at [38], and 187-2019 at [39].
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