Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 267 Subsection 30(3)(b) Individual’s access to personal information 30(3) The head of the University of Saskatchewan or the University of Regina may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of: … (b) evaluating the individual’s research projects or materials for publication; where the information is provided explicitly or implicitly in confidence. Subsection 30(3)(b) of LA FOIP provides the University of Saskatchewan and the University of Regina ability to withhold personal information if it is evaluative or opinion material compiled for the purpose of evaluating an individual’s research projects or materials for publication. 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” for more explanation on what constitutes personal information. Evaluative means to have assessed, appraised, to have found or to have stated the number of.928 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.929 2. Was the personal information compiled solely for the purpose of evaluating the individual’s research projects or materials for publication? 928 AB IPC Order 98-021 at p.4. 929 AB IPC Order 98-021 at p.4.
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