Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 168 A record or piece of information which discloses “details of the academic research being conducted” is one which discloses, directly or by inference, the particulars of the academic research itself.603 Academic means of, relating to, or involving a school or field of study, esp. one that is neither vocational nor commercial, such as the liberal arts.604 Research means a systemic investigation designed to develop or establish principles, facts or generalizable knowledge, or any combination of them, and includes the development, testing and evaluation of research.605 Employee means an individual employed by a local authority and includes an individual retained under a contract to perform services for the local authority.606 Funding Identity Information does not constitute “details of academic research” because (a) the broad purpose of LA FOIP is to promote openness, transparency and accountability in public institutions; (b) the purpose of subsection 17(3) of LA FOIP is to protect academic freedom and foster competitiveness, but the exemption must be interpreted in a limited and specific way; (c) the ordinary meaning of “details” suggests there should be a specific and pointed connection between the record requested and the academic research, such that disclosure of the requested record would disclose, directly or indirectly, the particulars of a research project; (d) other provisions exist in LA FOIP to address specific harm that may be caused by disclosure of Funding Identity Information, including, but not limited to harm to economic interest and competitive position; and (e) there is no evidence that disclosing Funding Identity Information threatens academic freedom.607 Subsection 17(4) Economic and other interests 17(4) Notwithstanding subsection (3), where possible, the 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 shall disclose: (a) the title of; and 603 Eaton v University of Regina, 2021 SKQB 40 (CanLII) at [40]. 604 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 14. 605 Eaton v University of Regina, 2021 SKQB 40 (CanLII) at [26]. 606 The Local Authority Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c L-27.1 at subsection 2(1)(b.1). 607 Eaton v University of Regina, 2021 SKQB 40 (CanLII) at [16].
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