Guide to LA FOIP-Chapter-5

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 99 (a.1) an applicant is not satisfied that a reasonable fee was estimated pursuant to subsection 9(2); (a.2) an applicant believes that all or part of the fee estimated should be waived pursuant to subsection 9(5); (a.3) an applicant believes that an application was transferred to another local authority pursuant to subsection 11(1) and that local authority did not have a greater interest; (a.4) an individual believes that his or her personal information has not been collected, used or disclosed in accordance with this Act or the regulations; (b) a head fails to respond to an application for access to a record within the required time; or (c) an applicant requests a correction of personal information pursuant to clause 31(1)(a) and the correction is not made; the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. (2) An applicant or individual may make an application pursuant to subsection (1) within one year after being given written notice of the decision of the head or of the expiration of the time mentioned in clause (1)(b). (3) A third party may apply in the prescribed form and manner to the commissioner for a review of a decision pursuant to section 36 to give access to a record that affects the interest of the third party. (4) A third party may make an application pursuant to subsection (3) within 20 days after being given notice of the decision. Section 38 of LA FOIP provides the circumstances under which an applicant or third party can request a review by the Commissioner. The Commissioner is an independent Officer of the Legislative Assembly. The Commissioner has oversight over LA FOIP and jurisdiction to review compliance with LA FOIP by all local authorities in Saskatchewan subject to it. The Commissioner is neutral and does not represent a local authority, an applicant or a third party in a review. The Commissioner prepares a report on the completion of a review, which includes findings and recommendations for the local authority. The local authority has a responsibility to respond to the Commissioner’s report under section 45 of LA FOIP indicating whether it will comply with the recommendations. If not satisfied with the response from the local authority,

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