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. 69 Local authorities are expected to use only its own records and publicly available resources to locate an address for a third party.174 If there is any doubt as to the third party’s contact information, the local authority may need to adapt its notification process to ensure there is no breach of privacy or confidentiality during the notification process.175 Local authorities should choose a delivery method that is expeditious and convenient for the third party, but which is also efficient and cost effective for the local authority. Regular mail is not recommended. Local authorities should consider sending notice and a copy of the third party information at issue via courier or priority post. Prompt delivery will allow the third party as much time as possible to respond. If sending notice and records by fax or email, care should be taken to prevent unauthorized disclosure of third party personal information.176 Local authorities should let the applicant know that third party notification is required pursuant to section 33 of LA FOIP. The letter to the applicant should advise them of the timelines involved. For a sample model letters see the Ministry of Justice, Access and Privacy Branch’s sample titled, 11 Advising Applicant of Third Party Notification – Responsive Records May Contain Third Party Information – LA FOIP or 12 Advising Applicant of Third Party Notification – Responsive Record Contains Third Party Information – LA FOIP If withholding the third party information, no notice is required. Subsection 33(1)(b) 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: … 174 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at pp. 214 to 215. 175 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 215. 176 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 217.

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