Guide to LA FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 136 Subsection 38(1)(a.3) of LA FOIP provides that an applicant can request a review of the local authority’s decision to transfer the applicant’s access to information request (s. 11). For more on transfers, see Section 11: Transfer of Application, earlier in this Chapter. Subsection 38(1)(a.4) Application for review 38(1) Where: … (a.4) an individual believes that his or her personal information has not been collected, used or disclosed in accordance with this Act or the regulations; … the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. Subsection 38(1)(a.4) of LA FOIP provides that an individual can request a review if the individual believes that his or her personal information has not been collected, used or disclosed in accordance with LA FOIP or The Local Authority Freedom of Information and Protection of Privacy Regulations. The IPC refers to these reviews as “privacy breach investigations” and the individuals requesting them as “complainants”. Subsection 38(1)(a.4) of LA FOIP refers to a “prescribed form” that should be submitted to the Commissioner. Subsection 2(i) of LA FOIP provides: 2 In this Act: … (i) “prescribed” means prescribed in the regulations; Individuals who wish to request an investigation by the Commissioner because they are not satisfied with how a local authority handled their privacy breach complaint, can do so using Form B found in the Appendix, Part II of The Local Authority Freedom of Information and Protection of Privacy Regulations. The form should be completed and provided to the IPC along with a copy of the local authority’s response to the individual’s privacy complaint. Any

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