Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 40 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 another local authority. 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 information has stipulated how the information can be disseminated.142 In order for confidence to be found, there must be an implicit or explicit agreement or understanding of confidentiality on the part of both local authorities at the time the information was obtained.143 The expectation of confidentiality must be reasonable and must have an objective basis.144 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)). 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.145 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.146 142 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. 143 SK OIPC Review Reports F-2006-002 at [52], LA-2013-002 at [57]; ON IPC Order MO-1896 at p. 8. 144 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. 145 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]. 146 BC IPC Orders 331-1999 at [8], F13-01 at [23]; NS IPC Review Report 17-03 at [34]; PEI IPC Order FI16-006 at [19]; NS IPC Review Report 16-09 at [44].
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