Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 80 Subsection 14(1)(k.1) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (k.1) endanger the life or physical safety of a law enforcement officer or any other person; … (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.1) of LA FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could endanger the life or physical safety of a law enforcement officer or any other person. The following two-part test can be applied: 1. Who is at risk of harm (law enforcement officer or another person)? Law enforcement officer is a person whose duty is to enforce the laws and preserve the peace.312 Person includes an individual, corporation or the heirs, executors, administrators, or other legal representatives of a person.313 2. Could disclosure endanger the life or physical safety of that person? Section 14 of LA FOIP uses the word could versus “could reasonably be expected to” as seen in other provisions of LA FOIP. The threshold for could is somewhat lower than a reasonable expectation. The requirement for could is simply that the release of the information could 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.314 For this 312 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1058. 313 The Legislation Act, S.S 2019, Chapter L-10.2 at ss. 2-29. 314 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149].
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