Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 68 • Additional time for third party notice may be permitted under subsection 12(1)(c) of LA FOIP where the local authority intends to release the third party information. Applicants must be advised of this extension within the initial 30-day period pursuant to subsection 12(2) of LA FOIP and the entire process must be completed within a maximum of 60 days from the date the access to information request was received (i.e., the section 7 decision and/or section 36 decision to the applicant must be sent by the 60th day at the latest). For more information on extensions of time for third party notice, see Chapter 3: Access to Records at section 12. • Consider whether subsection 18(2) of LA FOIP can be relied upon for release. In other words, does the local authority have written consent from the third party to release the information? A request for consent should be included when drafting the notice to the third party. See subsection 33(2) below for more information on what to include in the notice. The third party may consent to release of the information, or it may wish to make representations to the local authority pursuant to section 35 of LA FOIP on why the information should be withheld. • Consider if subsection 18(3) of LA FOIP has any application. Subsection 18(3) of LA FOIP provides that third party information can be released if the circumstances described in subsections 18(3)(a) and (b) of LA FOIP apply. The notice to the third party can include notice that subsection 18(3)(a) and (b) of LA FOIP has been found to apply. The third party may consent to release of the information, or it may wish to make representations to the local authority pursuant to section 35 of LA FOIP on why the information should be withheld. See Section 35 later in this Chapter. To receive notice, the third party must be able to be located with reasonable effort by the local authority. A reasonable effort is the level of effort you would expect of any fair, sensible person. What is reasonable depends on the information at issue and related circumstances.173 fIf the individual cannot reasonably be located; the local authority may dispense with giving notice pursuant to subsection 33(4) of LA FOIP. See below for more information on subsection 33(4) of LA FOIP. 173 See SK IPC resource, Guide to LA FOIP, Chapter 3: “Access to Records” under heading “Search for Records” – definition for a “reasonable search” has been relied upon and modified for what is considered reasonable effort for locating a third party. A “reasonable search” was defined in SK OIPC Review Reports F-2008-001 at [38] and F-2012-002 at [26].
RkJQdWJsaXNoZXIy MTgwMjYzOA==