Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 19 3. Was the information supplied in confidence implicitly or explicitly? Supplied means provided or furnished.45 In confidence usually describes a situation of mutual trust in which private matters are relayed or reported. Information obtained in confidence means that the supplier of the information has stipulated how the information can be disseminated.46 In order for confidence to be found, there must be an implicit or explicit agreement or understanding of confidentiality on the part of both the local authority and the third party providing the information.47 Implicitly means that the confidentiality is understood even though there is no actual statement of confidentiality, agreement or other physical evidence of the understanding that the information will be kept confidential.48 Explicitly means that the request for confidentiality has been clearly expressed, distinctly stated or made definite. There may be documentary evidence that shows that the information was supplied on the understanding that it would be kept confidential.49 For subsection 18(1)(b) of LA FOIP to apply, a local authority must show that both parties intended the information be held in confidence at the time the information was supplied.50 The expectation of confidentiality must be reasonable and must have an objective basis.51 Whether the information is confidential will depend upon its content, its purposes and the circumstances in which it was compiled or communicated (Corporate Express Canada, Inc. v. The President and Vice Chancellor of Memorial University of Newfoundland, Gary Kachanoski, (2014)). 45 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions#supplied. Accessed August 21, 2019. 46 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 104, SK OIPC Review Reports F-2006-002 at [51], H-2008-002 at [73], ON IPC Order MO-1896 at p. 8. 47 SK OIPC Review Reports F-2006-002 at [52], LA-2013-002 at [57], ON IPC Order MO-1896 at p. 8. 48 SK OIPC Review Reports F-2006-002 at [57], F-2009-001 at [62], F-2012-001/LA-2012-001 at [29], LA2013-002 at [49], F-2014-002 at [47]. 49 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, pp. 104 to 105. 50 SK OIPC Review Reports 158-2016 at [37] and 203-2016 at [28]. 51 SK OIPC Review Reports F-2012-001/LA-2012-001 at [32], LA-2013-002 at [49], ON IPC Orders PO2273 at p. 7 and PO-2283 at p. 10.
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