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. 259 Other benefits refer to benefits conferred by a local authority through an evaluative process. The term includes research grants, scholarships, and prizes. It also includes appointments required for employment in a particular job or profession such as a bailiff or special constable.900 Employee of a local authority means an individual employed by a local authority and includes an individual retained under a contract to perform services for the local authority.901 The personal information must have been compiled solely for one of the enumerated purposes to qualify. 3. Was the personal information provided explicitly or implicitly in confidence? In confidence usually describes a situation of mutual trust in which private matters are relayed or reported. Information provided in confidence means that the supplier of the information has stipulated how the information can be disseminated.902 In order for confidence to be found, there must be an implicit or explicit agreement or understanding of confidentiality on the part of both the local authority and the party providing the information.903 Implicitly means that the confidentiality is understood even though there is no actual statement of confidentiality, agreement or other physical evidence of the understanding that the information will be kept confidential.904 Explicitly means that the request for confidentiality has been clearly expressed, distinctly stated or made definite. There may be documentary evidence that shows that the information was provided on the understanding that it would be kept confidential.905 Factors considered when determining whether a document was provided in confidence implicitly include (not exhaustive): 900 Service Alberta, FOIP Guidelines and Practices, 2009 Edition, Chapter 4 at p. 141. 901 The Local Authority Freedom of Information and Protection of Privacy Act [S.S. 1990-91, c L-27.1], s. 2(1)(b.1). 902 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 104, SK OIPC Review Reports F-2006-002 at [51], H-2008-002 at [73], ON IPC Order MO-1896 at p. 8. 903 SK OIPC Review Reports F-2006-002 at [52], LA-2013-002 at [57]; ON IPC Order MO-1896 at p. 8. 904 SK OIPC Review Reports F-2006-002 at [57], F-2009-001 at [62], F-2012-001/LA-2012-001 at [29], LA-2013-002 at [49], F-2014-002 at [47]. 905 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at pp. 104 and 105.

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