Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 3 providing consent to disclose their personal information to the stepmother and did not want the child to be put in a position where they may be required to take sides. Given the child’s age and the limited information provided about the child’s capacity to consent, the commissioner was not able to conclude the child was a ‘mature minor’. The Commissioner also considered subsection 49(d) of LA FOIP and determined that St. Paul’s was not authorized to have disclosed the child’s personal information to the stepmother without the consent of the mother because the mother was an equal decision-makers pursuant to the agreement in place between the parents. In Disregard Decision 285-2020, 286-2020, 287-2020, 288-2020, 289-2020, the Commissioner considered an application to disregard five access to information requests made by the Ministry of Parks, Culture and Sport (PCS). In the course of presenting its arguments to the Commissioner that the requests were repetitious, systematic, vexatious and not made in good faith, PCS asserted that all five requests came from the Suffern Lake Cabin Owners Association (SLCOA). The applicants (two individuals) asserted that they made the requests as individuals and not as part of the SLCOA. After considering the arguments of both parties, the Commissioner found that there were two separate applicants in the matter. As such, only the access to information requests submitted by each individual were considered when reviewing whether the five requests met the tests subsections 45.1(2)(a), (b) and (c) of The Freedom of Information and Protection of Privacy Act (FOIP) (equivalent to subsections 43.1(2)(a) through (c) of LA FOIP. When assessing whether there was an abuse of the right of access, the Commissioner only considered the actions of each applicant separately and not as a group. As a result, the Commissioner found that the five access to information requests did not meet the test for subsections 45.1(2)(a), (b) or (c) of FOIP and refused the PCS’ application to disregard them. The 30-day clock for processing the five access to information requests resumed as of the date of the Commissioner’s decision. Section 5: Right of Access Right of Access 5 Subject to this Act and the regulations, every person has a right to and, on an application made in accordance with this Part, shall be permitted access to records that are in the possession or under the control of a local authority. Section 5 of LA FOIP establishes a right of access by any person to records in the possession or control of a local authority, subject to limited and specific exemptions, which are set out in LA FOIP.
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