Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 71 the information at issue was not third party personal information under subsection 23(1) of LA FOIP.177 The absence of standing If a local authority concludes that a particular request is not likely to involve third party personal 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.178 b. Yes, it is third party personal information… If the information is found to constitute the personal information of a third party individual (someone other than the applicant), the local authority can consider whether to disclose it pursuant to subsection 28(2)(n) of LA FOIP. 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 177 See Sawridge Indian Band v. Canada (Minister of Indian Affairs and Northern Development) (1987), 10 F.T.R. 48, aff'd sub nom and Twinn v. Minister of Indian Affairs and Northern Development (1987), 80 N.R. 263 (F.C.A.) at p. 373. These decisions dealt with the federal Access to Information Act but are relevant for LA FOIP. The court held that the right to seek a review was not available to the third party because notice was not required because the information was not deemed third party information. 178 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].
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