Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 244 • An individual is the carrier of a contagious or dangerous disease. • A violent or dangerous offender has been released into the community. • An individual is seeking employment in childcare based on a false resume is found to have a history of child molestation that is recorded. • Information has come to light about corruption or serious misuse of public funds.691 The government institution should be able to identify what the public interest would be. 3. Does the public interest clearly outweigh any invasion of privacy? Where a public interest has been established, the government institution must then weigh the public interest against the personal privacy interests of the individual whose personal information may be disclosed pursuant to subsection 29(2)(o)(i) of FOIP. To rely on the provision, the public interest must clearly outweigh any invasion of privacy. Clearly means visible, unmistakable, beyond a question or beyond a reasonable doubt; honestly, straightforwardly, and frankly; plainly.692 Outweigh means to be of more importance or value than something else.693 Invasion of privacy is a term that means the privacy of a person has been invaded.694 Invasion means an encroachment upon the rights of another.695 Some further things to consider when weighing the public interest: • Is there another public process or forum established to address public interest considerations. • Has a significant amount of information already been disclosed and is it adequate to address any public interest considerations. 691 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 6, “Disclosure in the Public Interest” at p. 229. 692 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. 693 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1330. 694 The Law Dictionary, Black’s Law Dictionary, Free 2nd ed. Available at INVASION OF PRIVACY Definition & Meaning - Black's Law Dictionary (thelawdictionary.org). 695 The Law Dictionary, Black’s Law Dictionary, Free 2nd ed. Available at INVASION Definition & Meaning - Black's Law Dictionary (thelawdictionary.org).
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