Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 123 Subsection 30(3)(a) of LA FOIP provides the University of Saskatchewan and University of Regina ability to withhold personal information if it is evaluative or opinion material compiled for the purposes of: • Determining the individual’s suitability for: o An appointment, promotion, tenure as a member of the faculty. o Admission to an academic program. o For the receipt of an honour or award. where the information was provided explicitly or implicitly in confidence. The following three-part test can be applied: 1. Is the information personal information that is evaluative or opinion material? To qualify as personal information, the information must be about an identifiable individual and must be personal in nature. Some examples are provided in subsection 23(1) of LA FOIP. See Section 23 in the Guide to LA FOIP, Chapter 6, “Protection of Privacy” for more explanation on what constitutes personal information. Evaluative means to have assessed, appraised, to have found or to have stated the number of.193 Opinion material is a belief or assessment based on grounds short of proof; a view held as probable for example, a belief that a person would be a suitable employee, based on that person’s employment history. An opinion is subjective in nature and may or may not be based on facts.194 2. Was the personal information compiled solely for one of the enumerated purposes? Compiled means that the information was drawn from several sources or extracted, extrapolated, calculated or in some other way manipulated.195 193 AB IPC Order 98-021 at p.4. 194 AB IPC Order 98-021 at p.4. 195 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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