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. 16 LA FOIP Does Not Apply Application 3(1) This Act does not apply to: (a) published material or material that is available for purchase by the public; (b) material that is a matter of public record; or (c) material that is placed in the custody of a local authority by or on behalf of persons or organizations other than the local authority for archival purposes. Subsection 3(1) of LA FOIP provides that certain information and records in the possession or control of a local authority are excluded from the application of LA FOIP. In some cases, another process is available to obtain access to these records. See Section 4: Existing Rights Preserved, later in this Chapter. Subsection 3(1)(a) Application 3(1) This Act does not apply to: (a) published material or material that is available for purchase by the public; LA FOIP does not apply to published material or material that is available for purchase by the public. Published means to make known to people in general…an advising of the public or making known of something to the public for a purpose.32 When considering whether a record or information is published, the local authority should confirm that: • The specific information or record requested is published (what data elements are actually published).33 32 Originated from Black, Henry Campbell, 1979. Black’s Law Dictionary, 5th Edition St. Paul, Minn.: West Group. Adopted by the ON IPC in Order P-204 at p. 4. Adopted by SK OIPC in Review Report 249-2017 at [7]. 33 SK OIPC Investigation Report 249-2017 at [22].

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