Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 65 [84] To sum up my conclusions on s. 27(1): (i) With respect to third party information, the institutional head has equally important duties to disclose and not to disclose and must take both duties equally seriously. (ii) The institutional head: • should disclose third party information without notice only where the information is clearly subject to disclosure, that is, there is no reason to believe that it is exempt; • should refuse to disclose third party information without notice where the information is clearly exempt, that is, where there is no reason to believe that the information is subject to disclosure. (vi) The institutional head must give notice if he or she: • Is in doubt about whether the information is exempt, in other words if the case does not fall under the situations set out in point (ii); • Intends to disclose exempted material to serve the public interest pursuant to s. 20(6) [disclosure in the public interest]; or • Intends to disclose severed material pursuant to s. 25 [severability].169 Subsection 33(1)(a) Notice to third party 33(1) Where a head intends to give access to a record that the head has reason to believe may contain: (a) information described in subsection 18(1) that affects the interest of a third party; or … 169 Merck Frosst Canada Ltd. v. Canada (Health), 2012 SCC 3 (CanLII), [2012] 1 SCR 23 at [84].
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