Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 116 When providing an applicant with access to personal information, a local authority must be satisfied that the individual receiving the information is indeed the individual that the information is about or a duly appointed representative of that person.167 For more on duly appointed representatives, see Section 49: Exercise of Rights by Other Persons, later in this Chapter.168 For more information on verifying the identity of the applicant, the Ministry of Justice and Attorney General issued the resource, Verifying the Identity of an Applicant. It provides helpful direction on steps that can be taken to verify identity. Subsection 30(2) Individual’s access to personal information 30(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 contracts and other benefits by the local authority, where the information is provided explicitly or implicitly in confidence. Subsection 30(2) of LA 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 contracts and other benefits by the local authority. 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 local authorities so that appropriate decisions can be made respecting the awarding of jobs, contracts, and other benefits.169 The following three-part test can be applied: 1. Is the information personal information that is evaluative or opinion material? 167 Government of Saskatchewan, Ministry of Justice, Resource, Verifying the Identity of an Applicant, September 2017, at p. 2. 168 See also section 49 in LA FOIP. 169 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.
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