Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 134 where testing was done by a local authority in order to determine whether or not to purchase a product.493 (d) Is a statistical survey; Statistical survey refers to a specific study of a condition, situation or program, by means of data collection and analysis.494 Where a statistical survey appears with information that can be withheld under subsection 16(1) of LA FOIP, the exempted information should be severed, and the statistical survey released unless another exemption applies.495 (e) Is the result of background research of a scientific or technical nature undertaken in connection with the formulation of a policy proposal; or Background research encompasses a wide range of study, review and fieldwork aimed at analyzing and presenting an overview of issues.496 Subsection 16(2) of LA FOIP applies to research that is scientific (conducted according to the principles of objective research) or technical (based on a particular technique or craft) and directed toward policy formulation. For information to be considered background research under this provision, it must be connected with the development of some specific policy. This would clearly be the case if, for example, a policy proposal referred directly to the research on which the proposal was based.497 Normally the research methodology, data and analysis cannot be withheld under subsection 16(1). However, advice and recommendations contained in the same record as the background research or prepared separately by or for a local authority could be withheld.498 In connection with has a very broad meaning. The word “connection” simply means that there is some relationship between two things or activities – that they have something to do with each other. The relationship need not be purposive to constitute a connection. Many 493 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 184. 494 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-advice-recommendations. Accessed July 5, 2019. 495 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 185. 496 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 185. 497 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 185. 498 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 185.

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