Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 126 • the fact that the local authority requested the information be provided in a sealed envelope and/or outlined its confidentiality intentions to the party prior to the information being provided.207 The preceding factors are not a test but rather guidance on factors to consider. It is not an exhaustive list. Each case will require different supporting arguments. IPC Findings In Review Report 164-2016, the Commissioner reviewed a denial of access by the University of Saskatchewan (U of S). An applicant requested access to material related to his application to medical residency programs at the U of S. The U of S withheld portions of the records citing several exemptions under LA FOIP including subsection 30(3)(a)(ii) of LA FOIP. Upon review, the Commissioner considered subsection 30(3)(a)(ii) of LA FOIP which was applied to reference letters submitted to the U of S on behalf of the applicant and scores and notes made by the individuals reviewing the applicant’s applications for residency positions. The Commissioner found that the three part test was met and that the U of S appropriately applied subsection 30(3)(a)(ii) of LA FOIP. Subsection 30(3)(b) Individual’s access to personal information 30(3) The head of the University of Saskatchewan or the University of Regina may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of: … (b) evaluating the individual’s research projects or materials for publication; where the information is provided explicitly or implicitly in confidence. Subsection 30(3)(b) of LA FOIP provides the University of Saskatchewan and the University of Regina ability to withhold personal information if it is evaluative or opinion material compiled for the purpose of evaluating an individual’s research projects or materials for publication. 207 SK OIPC Review Reports F-2006-002 at [56], F-2012-001/LA-2012-001 at [29], LA-2013-002 at [49], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Order 97-013 at [25].
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