Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 208 In determining if the public interest clearly outweighs in importance the financial loss or gain, competitive prejudice or interference in negotiations of a third party, the following can be considered:721 • Quantify the financial loss or gain, prejudice to competitive position or degree of interference in negotiations of the third party. • In the case of information described in subsection 18(1) of LA FOIP, what degree of importance is attached to keeping the information confidential. • What is the nature of the relationship between the local authority and the third party; i.e., why did the third party supply the information to the local authority. o Voluntary. If so, what were the circumstances. o Mandatory. • Describe any chilling effect of disclosure, if any. • Describe any impact on the local authority or duty it has to maintain information in a confidential fashion. • What factors did the local authority consider in assessing whether subsection 18(3) of LA FOIP applies. • Why did the local authority decide not to disclose pursuant to subsection 18(3) of LA FOIP. • Did the local authority consider the purposes of LA FOIP in its decision. For example, that it: o Provides for the right of access; o Local authority information should be available to the public; and o Necessary exemptions should be limited and specific. • Did the local authority consider: o The value of public education with respect to the subject matter of the information. o Public confidence in regulatory, enforcement or investigatory systems. o Need for public awareness of successes or failures of regulatory enforcement or investigatory systems. 721 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 20(2), (5), (6): Questions – Disclosure Authorized in Public Interest. Available at https://www.oicci.gc.ca/en/investigators-guide-interpreting-act/section-20256-questions-disclosure-authorizedpublic-interest. Accessed September 4, 2019.
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