Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 21 All parties to a review or investigation are given the opportunity to provide representations (submissions) to the Commissioner. Representation means the documents, other evidence and/statements or affidavits provided by a party setting out its position with respect to the information at issue and often referred to as a submission.30 The Commissioner considers those representations in a neutral non-biased manner and makes decisions based on a balance of probabilities or a preponderance of the evidence presented by the parties. For more on this, see Section 51: Burden of Proof, later in this Chapter. The process, because of the legislative requirements, is not like a trial in a court or a hearing by a tribunal. The legislation, in effect, requires the review to occur in private. It is within these limits that the Commissioner and staff attempt to be procedurally fair. To assist parties in understanding the procedures used by the Commissioner’s office, the Commissioner issued, The Rules of Procedure. Section 32: Privacy Powers Privacy powers of commissioner 32 The commissioner may: (a) offer comment on the implications for privacy protection of proposed programs of local authorities; (b) after hearing the head, recommend that a local authority: (i) cease or modify a specified practice of collecting, using or disclosing information that contravenes this Act; and (ii) destroy collections of personal information that is collected in contravention of this Act; (c) in appropriate circumstances, authorize the collection of personal information in a manner other than directly from the individual to whom it relates; (d) from time to time, carry out investigations with respect to personal information in the possession or under the control of local authorities to ensure compliance with this Part. 30 SK OIPC Rules of Procedure at p. 3.
RkJQdWJsaXNoZXIy MTgwMjYzOA==