Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 36 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 information has stipulated how the information can be disseminated.121 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.122 The expectation of confidentiality must be reasonable and must have an objective basis.123 Whether the information is confidential will depend upon its content, its purposes, and the circumstances in which it was compiled or communicated (Corporate Express Canada, Inc. v. The President and Vice Chancellor of Memorial University of Newfoundland, Gary Kachanoski, (2014)). Once it has been established that the local authority obtained a record from another government in confidence, the continued confidentiality of that record must be presumed, unless the other government has consented to disclosure or has made the information public.124 In other words, there are no time limits on the confidentiality. Just because a record might be old, it does not lose its confidential nature. 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.125 Factors to consider when determining whether information was obtained in confidence implicitly include (not exhaustive): • What is the nature of the information. Would a reasonable person regard it as confidential. Would it ordinarily be kept confidential by the local authority or the party that provided the information.126 121 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 104; SK OIPC Review Reports F-2006-002 at [51], H-2008-002 at [73]; ON IPC Order MO-1896 at p. 8. 122 SK OIPC Review Reports F-2006-002 at [52], LA-2013-002 at [57]; ON IPC Order MO-1896 at p. 8. 123 SK OIPC Review Reports F-2012-001/LA-2012-001 at [32], LA-2013-002 at [49]; ON IPC Orders PO2273 at p. 7 and PO-2283 at p. 10. 124 Saskatchewan (Ministry of Health) v West, 2022 SKCA 18 at [25]. 125 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]. 126 BC IPC Orders 331-1999 at [8], F13-01 at [23]; NS IPC Review Reports 17-03 at [34], 16-09 at [44]; PEI IPC Order FI-16-006 at [19].
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