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. 59 IPC Findings In Investigation Report 092-2015 to 095-2015, the Commissioner investigated a complaint involving the collection and disclosure of a care aide’s personal information. The Commissioner found that there was a public interest in the release of the information and that the public interest outweighed any invasion of privacy. In Review Report LA-2013-001, the Commissioner considered whether opinion evidence that was integral to an overall record of a harassment investigation should be released to the applicant. The record included opinions of individuals other than the applicant and the applicant was the alleged harasser. The Commissioner, bound by the decision in Liick v. Saskatchewan (Minister of Health), 1994 CanLII 4934 (SK KB), found that the personal information of the other individuals in the investigation record should be released to the applicant because release would clearly benefit the applicant and the public interest in disclosure clearly outweighed any invasion of privacy that could result from disclosure. The Commissioner recommended release of the entire record with the exception of the personal health information of other individuals and information subject to subsection 14(1)(d) of LA FOIP. Subsection 28(2)(n)(ii) 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: … (ii) disclosure would clearly benefit the individual to whom the information relates; The head can disclose personal information in a record without the consent of the individual to whom it relates when it is deemed disclosure would clearly benefit the individual. All three parts of the following test must be met:

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