Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 44 provision is intended to prevent situations where the local authority would be under an obligation to withhold a record when the third party agreed to disclosure.112 If the local authority determines that the information qualifies as third party information, it should make a reasonable effort to seek the consent of the third party to disclose the requested information.113 Subsection 18(3) Third party information 18(3) Subject to Part V, a head may give access to a record that contains information described in clauses (1)(b) to (d) if: (a) disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure could reasonably be expected to clearly outweigh in importance any: (i) financial loss or gain to; (ii) prejudice to the competitive position of; or (iii) interference with contractual or other negotiations of; a third party. Subsection 18(3) of LA FOIP is a discretionary provision for the release of third party information in circumstances where the head of the local authority forms the opinion that disclosure “could reasonably be in the public interest as it relates to public health, public safety or protection of the environment”. A local authority should consider subsection 18(3) of LA FOIP when dealing with third party information. A local authority should first determine that the information is indeed third party 112 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.10. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed November 19, 2019. 113 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.10. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed September 4, 2019.
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