Guide to LA FOIP-Chapter 1

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 12 While the expectation of privacy may be somewhat circumscribed, there is still both a right to and a reasonable expectation of privacy in relation to certain personal information contained on or in local authority owned equipment and accounts.24 2. Can the local authority reasonably expect to obtain a copy of the document upon request?25 All factors must be considered when determining the second question. These factors include: • The substantive content of the record. • The circumstances in which it was created. • The legal relationship between the local authority and the record holder.26 The reasonable expectation test is objective. If a local authority, based on all relevant factors, reasonably should be able to obtain a copy of the record, the test is met.27 If both test questions are answered in the affirmative, the document is under the control of the local authority.28 The following factors may also be considered if it is still unclear whether the local authority has “control” over the records at issue: • The record was created by a staff member, an officer, or a member of the local authority in the course of their duties performed for the local authority. • The record was created by an outside consultant for the local authority. • The local authority possesses the record, either because it has been voluntarily provided by the creator or pursuant to a mandatory, statutory or employment requirement. 24 Adapted from Office of the Northwest Territories Information and Privacy Commissioner (NWT IPC) Review Report 20-247 at [37]. 25 Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25 (CanLII), [2011] 2 SCR 306. 26 Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25 (CanLII), [2011] 2 SCR 306 at [56]. 27 Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25 (CanLII), [2011] 2 SCR 306 at [56]. 28 Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25 (CanLII), [2011] 2 SCR 306.

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