Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 210 ground: paras. 197 and 199. This inquiry of course is contextual and how much evidence and the quality of evidence needed to meet this standard will ultimately depend on the nature of the issue and “inherent probabilities or improbabilities or the seriousness of the allegations or consequences”… IPC Findings In Review Report 043-2015 the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (subsection 19(3)). An applicant made an access to information request to the Ministry of Environment for the “2012 and 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. Furthermore, 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(1)(3) of FOIP applied. The Commissioner recommended release. Section 19: Testing Procedures, Tests and Audits Testing procedures, tests and audits 19 A head may refuse to give access to a record that contains information relating to: (a) testing or auditing procedures or techniques; or (b) details of specific tests to be given or audits to be conducted; if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. Section 19 of LA FOIP is a discretionary, harm-based provision. The provision is intended to protect records that contain information relating to: • Test or auditing procedures or techniques; • Details of specific tests to be given; or • Details of specific audits to be conducted. In addition, the consequences of disclosure must almost certainly lead to: • The inability to use the test or auditing procedure; or
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