Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 34 the end of emails). It is just one factor that we consider when determining whether the information was explicitly supplied in confidence.112 3. Is there consent to disclose the information or has the information been made public? Subsection 13(1)(d) has a built-in exception. The information contained in the record can be disclosed if the government of a foreign jurisdictions or its institutions agrees to its disclosure or if it has made the information public. Consent in this context means there is an agreement, approval, or permission to disclose the information.113 Public in this context means the information in the record is open to view by the public.114 Released to the public means made available to the public at large either through active dissemination channels or through provision of the information at specific locations (e.g., public libraries, posted on a website).115 Consultation with the other party or parties from which the information was obtained should take place to determine if either consent will be given or if the information has or will be made public.116 Subsection 13(1)(e) Records from other governments 13(1) A head shall refuse to give access to information contained in a record that was obtained in confidence, implicitly or explicitly, from: … (e) an international organization of states or its institutions; unless the government or institution from which the information was obtained consents to the disclosure or makes the information public. 112 SK OIPC Review Report F-2012-001/LA-2012-001 at [43]. 113 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 380. 114 Adapted from Garner, Bryan A., 2004. Black’s Law Dictionary, 8th Edition. St. Paul, Minn.: West Group at p. 1301, relied on in part in Germain v. Automobile Injury Appeal Commission, 2009 SKQB 106 (CanLII) at [69] and [72], cited in part in Investigation Report LA-2012-001 at [14] to [17]. 115 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 208. 116 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 164.
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