Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 60 The following three-part test can be applied: 1. Does the information in question constitute “investigative techniques” or “procedures?” Investigative techniques and procedures mean techniques and procedures used to conduct an investigation or inquiry for the purpose of law enforcement.222 • The techniques or procedures must include specific steps. General information (such as forms and standard policies that do not include specific investigative steps and procedures) would not qualify.223 • Routine, common or customary investigative techniques and procedures would not qualify.224 • Generally known investigative techniques and procedures which the public is already aware of would not qualify.225 It does not include well-known investigative techniques, such as wiretapping, fingerprinting and standard sources of information about individuals’ addresses, personal liabilities, real property, etc.226 2. Are the investigative techniques and/or procedures currently in use or likely to be used? Likely means probable, a likely outcome; reasonably expected.227 The exemption is more likely to apply to new technologies in electronic monitoring or surveillance equipment used for a law enforcement purpose.228 The exemption extends to techniques and procedures that are likely to be used, in order to protect techniques and technology under development and new equipment or procedures that have not yet been used.229 222 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150, first adopted in SK OIPC Review Report F-2014-001 at [186]. 223 SK OIPC Review Reports 2002/041 at [10] to [15], F-2014-001 at [187] and [196]. 224 SK OIPC Review Reports 95/021 at p. 6, F-2014-001 at [190], [191] and [196]; NFLD IPC Review Report A-2008-005 at [33]. 225 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150, first adopted in SK OIPC Review Report F-2014-001 at [183] and [196], consistent with ON IPC Order P-999 at pp. 2 to 3. 226 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150. 227 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1113. 228 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150. 229 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150.
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