Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 2 Who Has The Right of Access Any person has a right of access to any records in the possession or control of a local authority. There are no limits on who can make an access to information request. An applicant means a person who makes a written request for access to information under section 6 of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP).0F 1 Local authorities should be aware of section 49 of LA FOIP which authorizes other individuals to exercise the rights of applicants under LA FOIP in specific circumstances. This includes making an access to information request and receiving access to information (including the applicant’s personal information) and addressing privacy matters on behalf of the applicant. These circumstances are outlined at subsections 49(a) through (e) of LA FOIP. For example, where a power of attorney has been granted, the power of attorney may exercise the rights of the individual under LA FOIP if the exercise of the right or power relates to the powers and duties of the power of attorney. For more on section 49, see Section 49: Exercise of Rights by Other Persons later in this Chapter. For more on making an access to information request, see Section 6: Application later in this Chapter. The applicant can be any person including individuals residing inside or outside of Saskatchewan, media outlets, corporations, political parties, etc. In addition, LA FOIP does not specify a minimum age, which means that minors may also make an access request. IPC Findings In Investigation Report 083-2022, the Commissioner investigated an alleged breach of privacy involving St. Paul’s Roman Catholic Separate School Division No. 20 (St. Paul’s). The mother of a child alleged their child’s privacy was breached when the child’s personal information was shared with the child’s stepmother. Part of the Commissioner’s investigation considered whether the child was a mature minor. The child was under the age of 18 years at the time (12 years old). St. Paul’s did not provide the Commissioner with any information about the child’s wishes. St. Paul’s advised that it had not explored if the child had any concerns or wanted any restrictions set on access to their personal information. The child’s mother asserted the child was not sufficiently capable of understanding the consequences of 1 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at subsection 2(a).
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