Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 141 Subsection 38(3) of LA FOIP provides that a third party can request a review by the Commissioner. Third parties can request a review where a local authority has decided to provide access to information or records pursuant to section 36 of LA FOIP. Third party means a person, including an unincorporated entity, other than an applicant or a local authority.234 A local authority may have information in its records that engage third party interests. When an access to information request is received and records or information appear to engage the interests of a third party and the local authority intends to provide access to the information or records, the local authority must provide notice to the third party pursuant to section 33 of LA FOIP. The types of information that may engage a third party includes: • The information described in subsection 18(1) of LA FOIP. • Personal information described in subsection 23(1) of LA FOIP but only if the local authority intends to release it pursuant to subsection 28(2)(n) of LA FOIP. Upon receiving notice, a third party has a right to make representations to the local authority explaining why it believes the information should not be released (section 35 of LA FOIP). After considering the representations, the local authority must decide whether it intends to release the information. The local authority must give notice of its decision to the third party (section 36 of LA FOIP). If the third party is not satisfied with that decision, it can request a review by the Commissioner pursuant to subsection 38(3) of LA FOIP. That request must be made within 20 days after receiving the local authority’s decision (subsection 38(4) of LA FOIP). For more on third parties and the timelines involved in third party notices see the Guide to LA FOIP, Chapter 5, “Third Party Information”. 234 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01, s. 2(1)(j).
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