Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 127 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.208 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.209 2. Was the personal information compiled solely for the purpose of evaluating the individual’s research projects or materials for publication? Compiled means that the information was drawn from several sources or extracted, extrapolated, calculated or in some other way manipulated.210 The personal information must have been compiled solely for the purpose of evaluating the individual’s research projects or materials for publication to qualify. Evaluate means to form an idea of the amount, number, or value of, to assess.211 208 AB IPC Order 98-021 at p.4. 209 AB IPC Order 98-021 at p.4. 210 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. 211 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 493, (Oxford University Press).
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