Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 103 personal information. For more on personal information, see the Guide to LA FOIP, Chapter 6, “Protection of Privacy.” A local authority cannot rely on subsection 15(1)(b)(ii) of LA FOIP if the records have been in existence for more than 25 years pursuant to subsection 15(2) of LA FOIP. If the records are more than 25 years old and involve personal information, the local authority should also consider section 29 (personal information of deceased individual) of LA FOIP. IPC Findings In Review Report 145-2019, the Commissioner considered subsection 15(1)(b)(ii) of LA FOIP. An applicant had made an access to information request to the City of Regina for all records about the applicant. The City of Regina provided the applicant with some of the records and withheld the remainder pursuant to several exemptions including subsection 15(1)(b)(ii) of LA FOIP. The Commissioner found that except for one piece of information that on the face of the record could be deemed the personal information of another individual, the City of Regina had not sufficiently identified how the nature of the information discussed was subject to another exemption under Parts III or IV of LA FOIP. For this reason, the Commissioner found that subsection 15(1)(b)(ii) of LA FOIP did not apply. Subsection 15(2) Documents of a local authority 15(2) Subject to section 29, a head shall not refuse to give access pursuant to subsection (1) to a record where the record has been in existence for more than 25 years. Subsection 15(1) of LA FOIP does not apply to a record that has been in existence for more than 25 years. However, for records containing the personal information of a deceased individual, the local authority must follow section 29 of LA FOIP when making a determination on release. For more on personal information, see the Guide to LA FOIP, Chapter 6, “Protection of Privacy.”
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