Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 226 If it is fanciful or exceedingly remote, the exemption should not be invoked.755 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.756 The local authority should be able to detail what the harm is and to whom the harm threatens if the information were released. To threaten means to be likely to injure; be a source of harm or danger to.757 It means to create the possibility or risk of harm or jeopardize an individual’s safety or mental or physical well-being.758 Safety means the state of being protected from or guarded against hurt or injury; freedom from danger.759 Physical health refers to the well-being of an individual’s physical body.760 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.761 755 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 756 SK OIPC Review Reports H-2007-001 at [29] and LA-2012-002 at [45] and [102]. 757 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 3248. 758 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. 759 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2647. 760 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 137. 761 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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