Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 56 • Has a significant amount of information already been disclosed, and it is adequate to address any public interest considerations.141 • Is there already wide public coverage or debate of the issue and disclosing the records would not shed further light on the matter.142 A public interest does not exist where the interests being advanced are essentially private in nature. However, where a private interest in disclosure raises issues of more general application, a public interest may be found to exist.143 A public interest may not exist where a court process provides an alternative disclosure mechanism, and the reason for the request is to obtain records for a civil or criminal proceeding.144 A public interest is not automatically established where the applicant is a member of the media.145 The local authority should be able to clearly identify what the public interest would be. 3. Does the public interest clearly outweigh any invasion of privacy Public interest is not black and white; it is a matter of degree. There is always a balance to be struck.146 If a public interest is found to exist, the local authority must weigh that public interest against the personal privacy interests of the individuals whose personal information appears in the record. The public interest must be found to “clearly outweigh” any invasion of privacy that would result from disclosure. Clear means free from doubt; sure; unambiguous.147 141 ON IPC Orders P-532 at p. 10, P-568 at p. 5, PO-2626 at p. 19 and PO-2614 at p. 24. 142 ON IPC Order P-613 at p. 9. 143 Gombu v. Ontario (Assistant Information and Privacy Commissioner) (2002), 59 O.R. (3d) 773. See also ON IPC Orders PO-4277 at [86] and PO-2472 at p. 10. 144 ON IPC Orders PO-2626 at p. 17 and PO-2472 at p. 10. 145 ON IPC Orders M-773 at p. 7 and PO-4277 at [87]. 146 Originated from AB IPC Order 096-002 at p. 17. Also cited in SK OIPC resource, Guide to LA FOIP, Chapter 4: “Exemptions from the Right of Access” for subsection 18(3) at p. 202. 147 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 317.
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