Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 289 Subsection 31(2) Individual’s access to personal information 31(2) A head may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of determining the individual’s suitability, eligibility or qualifications for employment or for the awarding of government contracts and other benefits, where the information is provided explicitly or implicitly in confidence. Subsection 31(2) of FOIP enables the head to refuse to disclose to individuals, personal information that is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility or qualifications for employment or for the awarding of government contracts and other benefits. The provision attempts to address two competing interests: the right of an individual to have access to his or her personal information and the need to protect the flow of frank information to government institutions so that appropriate decisions can be made respecting the awarding of jobs, contracts, and other benefits.755 The following three-part test can be applied: 1. Is the information personal information that is evaluative or opinion material? To qualify as personal information, the information must be about an identifiable individual and must be personal in nature. Some examples are provided in subsection 24(1) of FOIP. See Section 24 earlier in this Chapter. Evaluative means to have assessed, appraised, to have found or to have stated the number of.756 Opinion material is a belief or assessment based on grounds short of proof; a view held as probable for example, a belief that a person would be a suitable employee, based on that person’s employment history. An opinion is subjective in nature and may or may not be based on facts.757 755 Adapted from ON IPC Order P-773. Ontario has a similar provision at subsection 49(c) of its Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31. 756 AB IPC Order 98-021 at p.4. 757 AB IPC Order 98-021 at p.4.
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