Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 146 Subsection 17(1)(c) Economic and other interests 17(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (c) scientific or technical information obtained through research by an employee of the local authority, the disclosure of which could reasonably be expected to deprive the employee of priority of publication; … (2) A head shall not refuse, pursuant to subsection (1), to give access to a record that contains the results of product or environmental testing carried out by or for the local authority, unless the testing was conducted: (a) as a service to a person, a group of persons or an organization other than the local authority, and for a fee; or (b) as preliminary or experimental tests for the purpose of: (i) developing methods of testing; or (ii) testing products for possible purchase. Subsection 17(1)(c) of LA FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could reasonably be expected to disclose scientific or technical information obtained through research by an employee of a local authority, the disclosure of which could reasonably be expected to deprive the employee of priority of publication. Local authorities may employ researchers, including professional scientists, technicians and social scientists. Their reputations are often dependent on the research they publish.526 The fact that the employees have a professional reputation is of considerable value to the local authorities that employ them. In addition, their research often has monetary and program value for the local authorities. For these reasons, LA FOIP protects the priority of publication for all types of research.527 526 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 193. 527 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 193.
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