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. 17 Ministry of Immigration and Career Training conduct a more fulsome search for responsive records. In Review Report 016-2014, the Commissioner considered whether the Ministry of Education conducted a reasonable search for records. The records the applicant asserted were missing were correspondence between the applicant and the Deputy Minister. Upon review, the Commissioner found that the Ministry of Education demonstrated that its search for records was reasonable and adequate. In Review Report 101-2014, the Commissioner considered whether the Ministry of Justice (Corrections & Policing) had conducted a reasonable search for records. The applicant had requested a copy of a complaint that had been directed to the Regina Leader Post (Leader Post). In its submission, Corrections & Policing had explained that the applicant was seeking a letter written in 1995 to the Leader Post by a former Chief Provincial Firearms Officer in relation to an article about the applicant printed in the Leader Post by another individual. Corrections & Policing detailed the steps it took in its search to locate the letter from 1995. The Commissioner found that the search conducted by Corrections & Policing was reasonable. Searching Records of Employees There are two separate issues that come into play when it comes to searching records held by employees. These issues mainly come into play with electronic records, but the same considerations apply for paper records: 1. Local Authority records in personal accounts: Records may exist in an employee’s personal email account or record holdings because the employee conducted local authority-related business using a personal email account or from a remote location and the paper records are at the employee’s personal residence or other non-local authority location or device. These are not personal records of the employee (see Local Authority Records in Personal Email Accounts below). 2. Personal records in local authority accounts: The access to information request involves the personal records (either electronic or paper) of the employee because of the nature of the request. Depending on the request, these may be the personal records of employees and privacy matters could come into play (see Personal Records in Local Authority Accounts below).

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