Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 70 A line-by-line review is essential to comply with the principle of severability set out in section 8 of LA FOIP. This provision grants an applicant a right of access to any record from which exempted material can be reasonably severed.114 For audio and video records that need to be severed, local authorities should have technology in place to enable it to blur out images or audio.115 Each severed item should have a notation indicating which exemption(s) applies in each instance. If the exemptions are clearly marked beside severed line items/sections, it will be clear upon review which of the multiple exemptions applies to the severed items in question. The same procedure should be utilized when providing severed records to applicants even though an applicant is not provided the information that has been severed. This would remove any doubt as to which exemption applies to which line item. Section 7 of LA FOIP requires that when denying an applicant’s access application, whether in full or in part, the written notice must meet three requirements: 1. It must state that access is refused to all or part of the record. 2. It must set out the reason for refusal. 3. It must identify the specific provision of the Act on which the refusal is based.116 When providing the record to the IPC for a review, the local authority can submit the record in one of two ways: 1. By showing the withheld portion of the record in red ink, leaving the disclosed portion in black ink, and clearly indicating, beside or near the withheld portion, the applicable exemption(s) of the Act. 2. Alternatively, by providing a copy of the record with: a. The withheld information outlined or highlighted so it is still visible; and b. The applicable exemption(s) clearly indicated beside or near the withheld information.117 114 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 3 at p. 82. 115 See SK OIPC Review Report 023-2019, 098-2019 at [111]. 116 SK OIPC Review Reports F-2006-003 at [21] to [22], F-2008-001 at [28], F-2012-006 at [126], F-2014001 at [62], 211-2017 at [125]. 117 SK OIPC Resource, What to Expect During a Review with the IPC, at p. 4, Review Reports F-2006-003 at [20], F-2008-001 at [27], F-2012-006 at [126], F-2013-006 at [36], F-2014-001 at [62], 263-2016 to 268-2016 at [51], 211-2017 at [125].
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