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 18 Oct 2023. 256 This section can also be found in the Guide to LA FOIP, Chapter 3, “Access to Records” and Chapter 6, “Protection of Privacy.” It is reproduced here for ease of access. Subsection 30(1) Individual’s access to personal information 30(1) Subject to Part III and subsection (2), an individual whose personal information is contained in a record in the possession or under the control of a local authority has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record. Subsection 30(1) of LA FOIP provides that upon application an individual is entitled to their own personal information contained within a record unless an exemption applies under Part III or subsections 30(2) and (3) of LA FOIP applies. Local authorities should interpret the exemptions to this right to personal information with a view to giving an individual as much access as possible. Records containing personal information may be very sensitive in nature, so care must be taken to ensure that proper safeguards are in place when these types of records are released. When providing an applicant with access to personal information, a local authority must be satisfied that the individual receiving the information is indeed the individual that the information is about or a duly appointed representative of that person.887 For more on duly appointed representatives, see Guide to LA FOIP, Chapter 3, “Access to Records”, Section 49: Exercise of Rights by Other Persons.888 For more information on verifying the identity of the applicant, the Ministry of Justice, Access and Privacy Branch issued the resource, Verifying the Identity of an Applicant. It provides helpful direction on steps that can be taken to verify identity. 887 Government of Saskatchewan, Ministry of Justice, Access and Privacy Branch, Resource, Verifying the Identity of an Applicant, September 2017, at p. 2. 888 See also section 49 in LA FOIP.

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