Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 70 (b) personal information that may be disclosed pursuant to clause 28(2)(n) and that relates to a third party; and in the opinion of the head, the third party can reasonably be located, the head shall give written notice to the third party in accordance with subsection (2). Subsection 33(1)(b) of LA FOIP requires that where a local authority intends to disclose personal information that relates to a third party individual (someone other than the applicant) under subsection 28(2)(n) of LA FOIP, the third party individual must be informed if they can reasonably be located. Subsection 28(2)(n) of LA FOIP provides as follows: 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: (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (ii) disclosure would clearly benefit the individual to whom the information relates; The following steps can be taken for subsection 33(1)(b) of LA FOIP: 1. Is the information third party personal information Determine if the information at issue constitutes third party (someone other than the applicant) “personal information” as defined by subsection 23(1) of LA FOIP. For assistance with subsection 23(1) of LA FOIP, see the Guide to LA FOIP, Chapter 6: “Protection of Privacy” for the interpretation of and tests to apply for subsection 23(1) of LA FOIP. a. No, it is not third party personal information… Where the head of the local authority concludes that the information at issue does not qualify as the personal information of a third party individual, subsection 33(1)(b) of LA FOIP does not apply. The information can be released or considered for exemption under another provision of LA FOIP. A third party would not have a right to apply to the Commissioner for review under subsection 38(3) of LA FOIP where the head of the local authority determined
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