Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 61 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 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.223 221 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 150, quoted in SK OIPC Review Report F-2014-001 at [183]. 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].

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