Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 220 To threaten means to be likely to injure; be a source of harm or danger to.756 It means to create the possibility or risk of harm or jeopardize an individual’s safety or mental or physical well-being.757 Safety means the state of being protected from or guarded against hurt or injury; freedom from danger.758 Physical health refers to the well-being of an individual’s physical body.759 Determination of the effect of a release of information on an individual’s physical health must consider the current or normal state of health of persons who may be affected by the release of information, as well as the decline in health that is expected to occur if the information is disclosed to the applicant.760 Mental health means the condition of a person in respect of the functioning of the mind.761 It means the ability of a person’s mind to function in its normal state. Determination of the effect of a release of information on a person’s mental health must, where practicable, be based on a subjective evaluation made on a case-by-case basis.762 The exemption can apply where the nature of the applicant is the reason harm may occur: Mental health: where the applicant has a history of mental or emotional difficulties and disclosure of the information could worsen or aggravate his/her condition to the point that he/she could harm someone. 756 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 3248. 757 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 758 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2647. 759 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 137. 760 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 761 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 1220. 762 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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