Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 67 The absence of standing If a local authority concludes that a particular request is not likely to involve third party information, it is not required to give notice to anyone before deciding in favour of disclosure. A person potentially affected by the release of the requested information might maintain: • That the institution was wrong in its preliminary conclusion about the nature of the information, and • That the decision to disclose was in error. However, that person, for lack of third party status, will usually be without standing to obtain a review of any determination made by the local authority. The local authority may have erred in not recognizing a third party interest, yet there is no statutory remedy in those circumstances. Review is generally open only to someone whom the local authority was prepared to treat as a third party entitled to make representations in the context of its consideration of the request for information.171 b. Yes (or maybe), it is third party information… If subsection 18(1) of LA FOIP appears to apply, the head of the local authority must decide whether to release the third party information or withhold it from release. It may not have a decision made yet on whether it will release, or it may not be sure it is third party information so it may want to hear from the third party first (i.e., representations as per s. 35). Make sure to identify all potential third parties. If the records engage the interests of multiple third parties, the most practical method of working with the time limits is to ensure that all third parties have been identified before beginning the notification process, then to send out all the notices at the same time.172 If releasing, notice to the third party is required 171 Government Information Access and Privacy, McNairn and Woodbury, Carswell, 2008, at pp. 6-15 to 6-16. See also SK OIPC Review Report LA-2009-001 at [101]. 172 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 216.
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