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. 307 Ministry of Justice (Justice). The correction request was personal information to be corrected on file. Specifically, that the applicant was associated with a Justice program. Justice denied the request and indicated there was no error or omission. Justice placed a notation on file instead pursuant to subsection 32(2)(b) of FOIP. The Commissioner found that the applicant did not sufficiently identify the error or omission in the records nor provide supporting evidence to demonstrate there was indeed an error or omission. The Commissioner found that Justice appropriately responded to the correction request. Subsection 32(2)(c) Right of Correction 32(2) Within 30 days after a request pursuant to clause (1)(a) is received, the head shall advise the individual in writing that: … (c) the request has been disregarded, setting out the reason for which the request was disregarded pursuant to section 45.1. Individuals have a right to make a request for correction of their personal information. However, there can be times when that right is abused. Section 45.1 of FOIP provides for the ability to address those situations where the right to make a correction request is being abused. To disregard a request for correction, a government institution must first make an application to the Commissioner requesting authorization to do so. The Commissioner will either grant or refuse the request. For guidance on how to make an application, see Application to Disregard an Access to Information Request or Request for Correction. See also Guide to FOIP, Chapter 3: “Access to Records”, Section 45.1. If the request to disregard is granted by the Commissioner, the government institution can treat the correction request like it never happened. However, the individual still has a right to be notified that the correction request is being disregarded pursuant to subsection 32(2)(c) of FOIP. Subsection 32(2)(c) is a relatively new provision that came into force January 1, 2018, following the amendments to FOIP. Section 45.1 of FOIP also came into force at the same time.

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