Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 22 Obtained means to acquire in any way; to get possession of; to procure; or to get a hold of by effort.53 A local authority could obtain information either intentionally or unintentionally. It can also include information that was received indirectly provided its original source was the Government of Saskatchewan. However, to obtain information suggests that the local authority did not create it. Regardless, the provision is not so much driven by the source of the record to which access is sought as it is by the confidential nature and source of the information it contains. As such, authorship (or who created the record) is irrelevant.54 Section 13 of LA FOIP uses the term “information contained in a record” rather than “a record” like other exemptions. Therefore, the exemption can include information within a record that was authored by the local authority provided the information at issue was obtained from the Government of Saskatchewan. Information means facts or knowledge provided or learned as a result of research or study.55 IPC Findings In Review Report 108-2019, the Commissioner considered the City of Regina’s application of subsection 13(1)(b) of LA FOIP. The Commissioner found that records created by the Ministry of Central Services were created by a government institution, thus the first part of the test was met. However, the Commissioner found that subsection 13(1)(b) did not apply because the second part of the test had not been met. The Ministry of Central Services objected to the release of the information in the record, but there was no demonstration that the information was provided to the City of Regina in confidence because there was no implicit or explicit agreement or understanding of confidentiality between the parties. 2. Was the information obtained implicitly or explicitly in confidence? In confidence usually describes a situation of mutual trust in which private matters are relayed or reported. Information obtained in confidence means that the provider of the 53 Originated from Campbell Black, Henry, 1990. Black’s Law Dictionary, 6th Edition. St. Paul, Minn.: West Group. Adopted by AB IPC in Order 2000-021 at [26]. Adopted in SK OIPC Review Report F-2006-001 at [58] and [59]. Also, found in SK OIPC Review Report F-2006-002 at [39]. 54 Saskatchewan (Ministry of Health) v West, 2022 SKCA 18 at [46] and [47]. 55 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 727, (Oxford University Press), Cited in Review Report F-2006-002 at [45].
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