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. 100 an applicant or third party can pursue an appeal to the Court of King’s Bench for Saskatchewan. The Court of King’s Bench will determine the matter de novo. A hearing de novo means a review of a matter anew, as if the original hearing had not taken place.225 For more on the IPC review process, see The Rules of Procedure. For more on the role of the Commissioner, see the Guide to LA FOIP, Chapter 2: “Administration of LA FOIP” at Information and Privacy Commissioner – Roles and Responsibilities. For more on section 38, see the Guide to LA FOIP, Chapter 3: “Access to Records”. Subsection 38(1) Application for review 38(1) Where: (a) an applicant is not satisfied with the decision of a head pursuant to section 7, 12 or 36; (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; 225 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 837.

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