Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 59 IPC Findings The Commissioner considered subsection 14(1)(d) of LA FOIP in Review Report 223-2015 and 224-2015. An applicant had requested a copy of a completed audit report. The City of Regina (the City) refused to confirm or deny the existence of any records responsive to the request. The City cited subsection 14(1)(d) and section 21 of LA FOIP as provisions that would apply if the records existed. The City also provided a severed copy of a briefing note citing subsection 14(1)(d) of LA FOIP. Upon review, the Commissioner found that the first part of the test was met because there was a lawsuit commenced against the City at the time of the review. Furthermore, the Commissioner found that the second part of the test was met because a trial date had not yet been set and injury could result from potential swaying of jury members prior to trial due to the high profile of the case and the media attention it had garnered. Subsection 14(1)(e) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (e) reveal investigative techniques or procedures currently in use or likely to be used; … (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. Subsection 14(1)(e) of LA FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reveal investigative techniques or procedures currently in use or likely to be used. Subsection 14(1)(e) of LA FOIP recognizes that unrestricted access to law enforcement techniques could reduce their usefulness, effectiveness and success.221 221 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150, quoted in SK OIPC Review Report F-2014-001 at [183].
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