Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 81 provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Endanger means exposure to peril or harm.315 Physical safety means to be protected from any physical injury or impairment to the human body.316 Endanger the life or physical safety refers to situations in which disclosure of information could threaten, or put in peril, someone’s life or physical well-being. An individual’s physical safety can be threatened as a result of a physical attack or an attack against property that is likely to cause casualties.317 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority should describe how and why disclosure of the information in question could endanger the life or physical safety of the person. A local authority cannot rely on subsection 14(1)(k.1) of LA FOIP for 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 (see subsection 14(2) of LA FOIP). Subsection 14(1)(k.2) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (k.2) reveal any information relating to or used in the exercise of prosecutorial discretion; … (2) Subsection (1) does not apply to a record that: 315 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 667. 316 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 861. 317 Government of Newfoundland and Labrador resource, Access to Information: Policy and Procedures Manual, October 2017 at p. 128.
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