Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 52 have the specified result. There would still have to be a basis for asserting the harm could occur. If it is fanciful or exceedingly remote, the exemption should not be invoked.197 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Injury implies damage or detriment.198 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority should describe the harm in detail to support the application of the provision. Local authorities should not assume that the harm is self-evident on the face of the records. A local authority cannot rely on subsection 14(1)(b) of LA FOIP for a record that: a) Provides a general outline of the structure or programs of a law enforcement agency; or b) Reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program (see subsection 14(2) of LA FOIP). Subsection 14(1)(c) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (c) interfere with a lawful investigation or disclose information with respect to a lawful investigation; … (2) Subsection (1) does not apply to a record that: (a) provides a general outline of the structure or programs of a law enforcement agency; or (b) reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program. 197 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 198 Adapted from definition of ‘harm’ in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 148.
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