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. 186 IPC Findings In Review Report 277-2017, an individual had given consent for another individual to act on the individual’s behalf and access any records containing the subject individual’s personal information. Rather than accept the consent form, the Ministry of Corrections and Policing asked the applicant for further details regarding the subject individual’s consent. Upon review, the Commissioner agreed with the Ministry of Corrections and Policing that the consent form was too vague because it: • Was not addressed to the Ministry of Corrections and Policing; • Was not clear the subject individual understood what specific personal information was to be disclosed to the applicant; • Was older with the consent signed ten months earlier. It did not have an effective and expiration date; • Was not clear if the subject individual voluntarily gave the consent or if it was obtained through misrepresentation, fraud, or coercion. The Commissioner recommended that the Ministry of Corrections and Policing try to work with the applicant and the subject individual to obtain informed consent. Section 53.1: Access to Manuals Access to manuals 53.1(1) Every local authority shall make reasonable efforts to: (a) make available on its website all manuals, policies, guidelines or procedures that are used in decision-making processes that affect the public by employees of the local authority in administering or carrying out programs or activities of the local authority; or (b) provide those documents when requested in electronic or paper form. (2) Any information in a record that a head would be authorized to refuse to give access to pursuant to this Act or the regulations may be excluded from manuals, policies, guidelines or procedures that are made available or provided pursuant to subsection (1).

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