Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 7 sharing it externally (e.g., with another local authority or anyone outside the local authority), there must be authority to do so under subsection 28(2) of LA FOIP. For more on these two principles and section 27 and subsection 28(2) of LA FOIP, see the Guide to LA FOIP, Chapter 6, “Protection of Privacy”. All applicants are equal under LA FOIP. The identity of the applicant should not change how the local authority responds to the access to information request (e.g., the applicant is the media so the local authority decides not to release information it generally would release). IPC Findings In Investigation Report 278-2017, the Commissioner investigated an alleged breach of privacy involving Saskatchewan Power Corporation (SaskPower). The complaint alleged that when the individual sent an access to information request to SaskPower, it then sent a briefing note to the Minister responsible for SaskPower. The briefing note contained details about the access to information request and included the applicant’s first and last name. Upon investigation, the Commissioner found that the name of an applicant was personal information and referred to previous Review Reports LA-2012-002, 156-2017 and 267-2017. Furthermore, the Commissioner found that SaskPower did not appropriately consider the need-to-know and data minimization principles when the applicant’s personal information was disclosed to the Minister. For more on the need-to-know and data minimization principles, see the Guide to LA FOIP, Chapter 6, “Protection of Privacy”. Reason for Request Not Relevant The reason an applicant wants specific information is not relevant when processing an access to information request. To require applicants to demonstrate a need for the information would erect a barrier to access. LA FOIP grants an open-ended or unqualified right of access to public information of which local authorities are only the stewards.8 Access to information legislation exists to ensure government accountability and to facilitate democracy. Therefore, where an applicant’s motivation is fact finding or to obtain proof of wrongdoing, these purposes cannot be considered unreasonable or illegitimate. Applicants may seek information to assist them in a dispute with a local authority, or to publicize what 8 ON IPC Order M-618 at p.p. 16 and 17.
RkJQdWJsaXNoZXIy MTgwMjYzOA==