Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 76 communicate with each other on publicly accessible radio transmission space. The Commissioner found that SPS appropriately applied subsection 14(1)(j) of LA FOIP to the “ten codes” because release could facilitate the commission of an offence. Subsection 14(1)(k) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (k) interfere with a law enforcement matter or disclose information respecting a law enforcement matter; … (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)(k) of LA FOIP is a discretionary exemption that contains both a class and harm based component. It permits refusal of access in situations where release of a record could interfere with a law enforcement matter or disclose information respecting a law enforcement matter. The following two-part test can be applied:295 1. Is there a law enforcement matter involved? Law enforcement includes:296 295 SK OIPC first considered this provision in Review Report F-2012-006. The matter was later appealed to the Court of King’s Bench in Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII). In later reports, the SK OIPC adjusted the test from three to two parts. The test still encompasses the same questions. 296 Definition from Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, SNL 2002, c A-1.1 at subsection 2(i), similar definition in Ontario’s Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter F.31 at subsection 2(1)(b), similar definition used in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 145.
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