Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 243 • Do the records contain information that will show how the government institution reached or will reach a decision? • Are the records desirable for subjecting the activities of the government institution to scrutiny? • Will the records shed light on an activity of the government institution that have been called into question?688 The purpose of a public interest override such as subsection 29(2)(o)(i) of FOIP includes promoting democracy by increasing public participation. When considering the public interest, the government institution should create a list of factors in favour of withholding and public interest factors for releasing. This will help when it comes to assessing the relative weight of the factors and whether disclosing is in the public interest.689 What are the benefits to be derived from disclosing? FOIP’s central purpose is to shed light on the operations of government and to promote democracy. Consider whether disclosure of the personal information serves to inform or enlighten the citizenry about the activities of their government. Also consider if disclosure adds in some way to information the public already has to make effective use of the means of expressing public opinion or to make political choices. A public interest does not exist where the interests being advanced are essentially private in nature. However, where a private interest in disclosure raises issues of a more general application, a public interest may be found to exist. A public interest is not automatically established where the media is involved. To be in the public interest, the personal information must relate to a matter of compelling public interest, and not just be of interest or of curiosity to the public, a group of people or individuals. What constitutes a compelling public interest is defined narrowly.690 The following are some examples where disclosure may be in the public interest: 688 These criteria were first adopted in SK OIPC Review Report 173-2018 at [23]. 689 Adapted from the Office of the Newfoundland and Labrador Information and Privacy Commissioner (NFLD IPC), Resource, Guidelines for Public Interest Override at pp. 2 and 3. 690 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 6, “Disclosure in the Public Interest” at p. 229.
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