Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 53 Subsection 28(2)(n)(i) Disclosure of personal information 28(2) Subject to any other Act or regulation, personal information in the possession or under the control of a local authority may be disclosed: … (n) for any purpose where, in the opinion of the head: (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or The head can disclose personal information in a record without the consent of the individual to whom it relates when it is deemed to be in the public interest to do so, more specifically, where the public interest in releasing outweighs any invasion of privacy. All three parts of the following test must be met: 1. Is the information ‘personal information’ In order for subsection 28(2)(n) of LA FOIP to be engaged, there must be “personal information” involved as defined by subsection 23(1) of LA FOIP. Subsection 23(1) of LA FOIP starts with the following: 23(1) Subject to subsections (1.1) and (2), “personal information” means personal information about an identifiable individual that is recorded in any form, and includes: … Including means that the list of information that follows is incomplete (non-exhaustive). The examples in the provision are the types of information that could be presumed to qualify as personal information.128 As the provision uses the word “including”, the list of examples provided for at subsection 23(1) of LA FOIP (i.e., (a) through (k)) are not meant to be 128 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/cabinet-local-public-body-confidences. Accessed June 26, 2019. Definition of “including” same as SK OIPC Guide to LA FOIP, Chapter 4: Exemptions from the Right of Access, for subsections 16(1)(e) and 21(a) of LA FOIP.
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