Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 72 third parties have been identified before beginning the notification process, then to send out all the notices at the same time.179 Subsection 28(2)(n) of LA FOIP permits disclosure of personal information without the consent of the individual where the local authority has determined it is in the public interest to do so and the public interest outweighs any invasion of the individual’s privacy or where the local authority has determined that disclosure of the information would benefit the individual whom the information relates. For assistance with subsection 28(2)(n) of LA FOIP, see the Guide to LA FOIP, Chapter 6: “Protection of Privacy” for the interpretation of and tests to apply for subsection 28(2)(n) of LA FOIP. If subsection 28(2)(n) of LA FOIP applies and the local authority intends to disclose the personal information, notice to the individual is required • Consider whether obtaining written consent from the individual is possible for the release of the information. With the written consent of the individual, personal information can be released without the need for reliance on subsection 28(2)(n) of LA FOIP. It also reduces the likelihood of a review by the Commissioner. A request for consent could be included when drafting the notice to the individual. See subsection 33(2) below for more information on what to include in the notice. The individual may consent to release of the personal information, or they may wish to make representations to the local authority pursuant to section 35 of LA FOIP on why the personal information should be withheld. See Section 35 later in this Chapter. Any consent received should be compliant with section 11 of The Local Authority Freedom of Information and Protection of Privacy Regulations. To receive notice, the individual 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.180 fIf the individual cannot reasonably be located; the local authority may 179 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 216. 180 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].
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