Guide to LA FOIP-Chapter-5

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 55 Individual means natural persons (human beings).135 Use of the word individual in this provision makes it clear that the protection provided relates only to a natural person or human being.136 Therefore, a business or corporation would not constitute an “individual” for purposes of subsection 23(1) of LA FOIP. Person is the broader term and means individual but also includes a corporation and their heirs, executors, administrators, or other legal representatives of a person.137 Personal in nature means of, affecting or belonging to a particular person; of or concerning a person’s private rather than professional life.138 For more on what constitutes personal information, see the Guide to LA FOIP, Chapter 6: “Protection of Privacy” for a detailed breakdown of subsections 23(1)(a) through (k) of LA FOIP. 2. Is there a public interest in the information Public Interest – the local authority should first ask - is there a relationship between the record and the Act’s central purpose of shedding light on the operations of government? Consider whether the information in the record serves the purpose of informing or enlightening the citizenry about the activities of their government or its agencies, adding in some way to the information it has to make effective use of when expressing public opinion or making political choices.139 Some further things to consider regarding public interest: • Is there another public process or forum established to address public interest considerations.140 135 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 924, 1238 and 1378. 136 ON IPC Order 16 at p. 19. See also Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 44. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020. 137 The Legislation Act, SS 2019, c L-10.2 at s. 2-29. 138 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1065. This definition was also relied on in SK OIPC Review Report 082-2019, 083-2019 at [94]. 139 ON IPC resource, Public Interest Disclosure, September 2021, at p. 5. Also cited in SK OIPC Review Report 082-2017 at [29]. 140 ON IPC Orders P-123/124, P-391 at p. 7, M-539 at p. 6 and PO-2472 at p. 10.

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