Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 14 The focus of the Commissioner’s search review is whether the local authority conducted a reasonable search. A reasonable search is one in which an employee, experienced in the subject matter, expends a reasonable effort to locate records which are reasonably related to the request. A reasonable effort is the level of effort you would expect of any fair, sensible person searching areas where records are likely to be stored. What is reasonable depends on the request and related circumstances.9F 21 It is difficult to prove a negative, therefore LA FOIP does not require a local authority to prove with absolute certainty that records do not exist.22 When a local authority receives a notice of a review from the Commissioner’s office requesting details of its search efforts, some or all of the following can be included in the local authority’s submission (not exhaustive): • For personal information requests – explain how the individual is involved with the local authority (i.e., client, employee, former employee etc.) and why certain departments/divisions/branches/committees/boards were included in the search. • For general requests – tie the subject matter of the request to the departments/divisions/branches/committees/boards included in the search. In other words, explain why certain areas were searched and not others. • Identify the employee(s) involved in the search and explain how the employee(s) is experienced in the subject matter. • Explain how the records management system is organized (both paper & electronic) in the departments/divisions/branches/committees/boards included in the search. • Describe how records are classified within the records management system. For example, are the records classified by: o Alphabet o Year o Function o Subject • Consider providing a copy of your organization’s record schedule and screen shots of the electronic directory (folders & subfolders). • If the record has been destroyed, provide copies of record schedules and/or destruction certificates. 21 SK OIPC Review Report F-2008-001 at [38] and F-2012-002 at [26]. 22 SK OIPC Review Report F-2008-001 at [38] to [40], F-2012-002 at [26] and NFLD IPC, Resource, Practice Bulletin, Reasonable Search, at p. 1.
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