Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 221 Violent behavior: where the applicant has a history of violent behavior and disclosure of the identity of informants who assisted the government in its case against the applicant could endanger the safety of the informants.763 It is fair then to look at the probable effect of disclosure from the perspective of the applicant – i.e., what use might this specific applicant make of the requested information? What, in view of what is known about the applicant, might the applicant do to themselves or someone else if the information is disclosed?764 For example, the mental or physical health of a person would be threatened if information were disclosed to an applicant that would cause severe stress such as suicidal ideation or that could result in verbal or physical harassment or stalking. Individual safety could be threatened if information were released that allowed someone who had threatened to kill or injure the individual to locate them. Examples of individuals whose safety might be threatened would include an individual fleeing from a violent spouse, a victim of harassment or a witness to harassment, or an employee who has been threatened.765 If the information is already available elsewhere to the public, there may be no need for the exemption.766 IPC Findings In Evenson v Kelsey Trail Regional Health Authority, (2012), Justice Zarzeczny considered section 20 of LA FOIP. Kelsey Trail Regional Health Authority (KTRHA) had denied an applicant access to certain hospital records including the names of nurses that were on duty at the Melfort Hospital during a specific time. Justice Zarzeczny ruled that KTRHA had not established that the exemption applied. Further, that the concerns about the applicant raised by KTRHA did not have any basis or foundation in fact. Nor were they supported by any circumstances which were established in the materials that were presented to the Commissioner in Review Report LA-2012-002. 763 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 17: Safety of Individuals. Available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-17-safety-individuals. Accessed September 6, 2019. 764 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 17: Safety of Individuals. Available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-17-safety-individuals. Accessed September 6, 2019. 765 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 137. 766 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 17: Safety of Individuals. Available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-17-safety-individuals. Accessed September 6, 2019.
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