Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 15 2013 Water and Air Quality Compliance Reports”. The Ministry withheld portions of the two reports citing subsections 19(1)(b) and (c) of FOIP (third party information). Upon review, the Commissioner found that subsection 19(1)(c) of FOIP applied to portions of the reports. Further, the Commissioner found that the public interest resulting from disclosure of the information would outweigh in importance any financial loss or prejudice to the competitive position of the third party. As such, the Commissioner found that subsection 19(3) of FOIP applied. The Commissioner recommended release. Subsection 28(2)(n) Disclosure of personal information 28(2) Subject to any other Act or regulation, personal information in the possession or under the control of a local authority may be disclosed: … (n) for any purpose where, in the opinion of the head: (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (ii) disclosure would clearly benefit the individual to whom the information relates; Subsection 28(2)(n) of LA FOIP is a discretionary provision for the release of personal information in circumstances where the head of the local authority forms the opinion that the public interest “clearly outweighs any invasion of privacy” or where disclosure would “clearly benefit the individual to whom the information relates.” For more on this provision, see the Guide to LA FOIP, Chapter 5, “Third Party Information” or Chapter 6, “Protection of Privacy.” Where a local authority intends to rely on this provision to release personal information in response to an access to information request, notification is required to the individual to whom the information relates pursuant to the third party notification requirements outlined at subsection 33(1)(b) of LA FOIP. IPC Findings The Commissioner considered subsection 28(2)(n) of LA FOIP in Investigation Report 0922015 to 095-2015. The investigation involved the collection and disclosure of a care aide’s personal information. The Commissioner found that there was a public interest in the release of the information and that the public interest outweighed any invasion of privacy.
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