Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 219 For section 20 of LA FOIP, the question that must be answered is could disclosure of the record threaten the safety or the physical or mental health of an individual? The threshold for “could” is somewhat lower than a reasonable expectation. On the threshold, speculation is at one end and probable (or “could reasonably be expected”) is at the other. The middle ground for “could” therefore, is that which is possible. Speculative means engaged in, expressing or based on conjecture rather than knowledge. Conjecture is an opinion or conclusion based on incomplete information.751 Speculation generally has no objective basis. If the harm is fanciful or exceedingly remote, it is in the realm of speculation or conjecture. Possible means capable of existing, happening, or being achieved; that which is not certain or probable.752 Probable means likely to happen or be the case.753 If it is fanciful or exceedingly remote, the exemption should not be invoked.754 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Generally, this means the local authority must assess the risk and determine whether there are reasonable grounds for concluding there is a danger to the health or safety of any person. That assessment must be specific to the circumstances of the case under consideration. The inconvenience, upset or unpleasantness of dealing with difficult or unreasonable people is not sufficient to trigger the exemption. The threshold cannot be achieved based on unfounded, unsubstantiated allegations.755 The local authority should be able to detail what the harm is and to whom the harm threatens if the information were released. 751 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at pp. 1379 and 301 (Oxford University Press). 752 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1117 (Oxford University Press). 753 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1139 (Oxford University Press). 754 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 755 SK OIPC Review Reports H-2007-001 at [29] and LA-2012-002 at [45] and [102].
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