Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 167 Subsection 17(3) Economic and other interests 17(3) A head of the University of Saskatchewan, the University of Regina or a facility designated as a hospital or a health centre pursuant to The Provincial Health Authority Act may refuse to disclose details of the academic research being conducted by an employee of the university, hospital or health centre, as the case may be, in the course of the employee’s employment. The purpose of the “research exemption” (subsection 17(3) of LA FOIP) is to protect academic freedom and foster competitiveness within public universities. Generally speaking, academic freedom is the freedom to pursue knowledge and to express ideas without undue or unreasonable interference.600 It permits a local authority to withhold details of academic research conducted by employees of the local authority. It is a discretionary exemption given the use of the word ‘may’ in the provision. This means the local authority can still decide to release the information. In order to apply, the details must be about academic research that was conducted by an employee while employed by the local authority. The subsection is a ‘class-based’ exemption. Therefore, the local authority must establish that the information in question falls within the class of “details of academic research” in order to invoke the exemption.601 Details means something that is specifically related to the item in question. It is an individual feature or characteristic of the item. To be a detail of academic research, there must be a specific nexus between the record for which disclosure is sought, and the academic research being conducted, in order for a university to rely on this provision to refuse disclosure. A specific nexus ties the record to the research itself. It requires a substantial, and specific or pointed connection between the record and the academic research.602 600 Eaton v University of Regina, 2021 SKQB 40 (CanLII) at [27] to [28]. 601 Eaton v University of Regina, 2021 SKQB 40 (CanLII) at [25]. 602 Eaton v University of Regina, 2021 SKQB 40 (CanLII) at [32] to [36].
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