Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 227 sample, any systematic collection or presentation of such facts. In this context, quantifiable personal information to study trends and draw conclusions.644 2. Is the “head” satisfied that the disclosure is not contrary to the public interest? Contrary means opposite in position or direction; opposite to the proper or right thing; wrong.645 Not contrary to the public interest may be understood as not inconsistent with long-term community values, or with the good of society at large.646 To determine if something is contrary to the public interest, it is first necessary to understand what public interest is. Public interest means the interest of the general public or of a group of individuals. It does not include the interest of only one individual.647 The purpose of a public interest override in FOIP (e.g., s. 19(3) and s. 29(2)(o) of FOIP) includes promoting democracy by increasing public participation. A government institution is not required to find that a disclosure promotes a public interest simply that disclosure is not contrary to the public interest. The test for what is “not contrary to the public interest” is different from the test for subsections 19(3) and 29(2)(o)(i) of FOIP, which provides for disclosure of information that is in the public interest.648 When considering whether subsection 29(2)(k) of FOIP can be relied upon, a government institution must consider the circumstances surrounding the request. A government institution may decide that disclosure would be contrary to the public interest based on its knowledge of risks to its clientele or the nature of the request. For example, if the requested 644 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. See also Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at pp. 270 to 296. 645 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 509. 646 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 121. 647 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed December 15, 2022. 648 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 121.

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