Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 9 The definition of a third party under LA FOIP can also include a “government institution”, as defined by subsection 2(1)(d) of The Freedom of Information and Protection of Privacy Act for purposes of LA FOIP.13 IPC Findings In Review Report 080-2018, the Commissioner determined, for the first time, that the Saskatchewan Health Authority (a local authority as defined by subsection 2(f) of The Local Authority Freedom of Information and Protection of Privacy Act) could qualify as a “third party” for purposes of FOIP. Section 18: Third Party Information Third party information 18(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: (a) trade secrets of a third party; (b) financial, commercial, scientific, technical or labour relations information that is supplied in confidence, implicitly or explicitly, to the local authority by a third party; (c) information, the disclosure of which could reasonably be expected to: (i) result in financial loss or gain to; (ii) prejudice the competitive position of; or (iii) interfere with the contractual or other negotiations of; a third party; or (d) a statement of a financial account relating to a third party with respect to the provision of routine services from a local authority. (2) A head may give access to a record that contains information described in subsection (1) with the written consent of the third party to whom the information relates. 13 SK OIPC Review Report 080-2018 at [51] and [52]. In addition, see SK OIPC blog, Can Public Bodies be a Third Party?. This replaces earlier interpretations by the SK OIPC that government institutions and local authorities could not qualify as third parties under LA FOIP and The Freedom of Information and Protection of Privacy Act – for old precedent see SK OIPC F-2012-001/LA-2012-001 at [40] to [53].
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