Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 257 Subsection 30(2) Individual’s access to personal information 31(2) A head may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of determining the individual’s suitability, eligibility or qualifications for employment or for the awarding of contracts and other benefits by the local authority, where the information is provided explicitly or implicitly in confidence. Subsection 30(2) of LA FOIP enables the head to refuse to disclose to individuals, personal information that is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility, or qualifications for employment or for the awarding of contracts and other benefits by the local authority. The provision attempts to address two competing interests: the right of an individual to have access to his or her personal information and the need to protect the flow of frank information to local authorities so that appropriate decisions can be made respecting the awarding of jobs, contracts, and other benefits.889 The following three-part test can be applied: 1. Is the information personal information that is evaluative or opinion material? To qualify as personal information, the information must be about an identifiable individual and must be personal in nature. Some examples are provided in subsection 23(1) of LA FOIP. See Section 23 in the Guide to LA FOIP, Chapter 6, “Protection of Privacy”. Evaluative means to have assessed, appraised, to have found or to have stated the number of.890 Opinion material is a belief or assessment based on grounds short of proof; a view held as probable for example, a belief that a person would be a suitable employee, based on that person’s employment history. An opinion is subjective in nature and may or may not be based on facts.891 2. Was the personal information compiled solely for one of the enumerated purposes? 889 Adapted from ON IPC Order P-773. Ontario has a similar provision at subsection 49(c) of its Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31. 890 AB IPC Order 98-021 at p.4. 891 AB IPC Order 98-021 at p.4.
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