Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 1 Overview The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) provides a right of access to all records under the possession or control of local authorities, subject to limited and specific exemptions. Some of the records to which LA FOIP applies contain information of third parties, such as private-sector businesses or individuals. Applicants often ask local authorities for access to records that contain third party business and personal information.1 The term “third party information” is generally used to refer to information the disclosure of which might particularly affect a person or organization, other than the local authority from which it is sought. That person or organization is called a ‘third party” because they are not involved directly in the request for information, either as the applicant or the local authority that must respond to the request.2 This Chapter explains the various provisions in LA FOIP that deal with third party information. What follows is non-binding guidance. Every matter should be considered on a case-by-case basis. This guidance is not intended to be an exhaustive authority on the interpretation of these provisions. Local authorities may wish to seek legal advice. Local authorities should keep section 51 of LA FOIP in mind. Section 51 places the burden of proof for establishing that access to a record may or must be refused on the local authority. For more on the burden of proof, see Chapter 2: Administration of LA FOIP. This is a guide. This Chapter covers: • Who qualifies as a third party. • What qualifies as third party information. • When is third party notice required. • The notice process for third parties and applicants. • The response from the third party to the local authority. • The decision by the local authority. • Time limits involving third party information. • Applications for review involving third parties. • The review process and report of the Commissioner. • The decision of the local authority. 1 Service Alberta, FOIP Bulletin No. 10: Third Party Notice at p. 1. 2 Government Information Access and Privacy, McNairn and Woodbury, Carswell, 2008, at p. 4-1.
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