Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 75 (iii) a statement that the third party may, within 20 days after the notice is given, make representations to the head as to why access to the record or part of the record should not be given; and Where notice is required under subsection 33(1) of LA FOIP, the notice should be in writing and contain the elements outlined at subsection 33(2)(a) of LA FOIP. This includes the following elements: 1. A statement advising the third party that an application for access has been made. This provides some context for a third party as to why it is receiving the notice (s. 33(2)(a)(i)(A)). 2. A statement advising the third party that the local authority intends to give access to the information (s. 33(2)(a)(i)(B)). This tells the third party what the local authority’s intentions are. 3. A description of the record containing the third party information (s. 33(2)(a)(ii)(A) or the third party personal information (s. 33(2)(a)(ii)(B)). This tells the third party what information pertains to them. Although LA FOIP requires a description of the record, the IPC recommends the local authority provide a copy of the records containing the third party information. This is considered best practice and would make it easier for a third party to understand what information is at issue and what decision it should make in terms of consent to release. If a record that is the subject of a third party notice contains personal information of other third parties, it may be best to simply describe the record in the notice. If a local authority sends a third party a record that contains personal information of other third parties, the local authority risks the unintentional and unauthorized disclosure of that personal information.183 4. A statement that the third party may, within 20 days, make representations (arguments) to the local authority as to why access to the information should not be given (s. 33(2)(a)(iii) of LA FOIP. This tells the third party what it can do if it does not agree with the local authority’s intentions. 183 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 218.
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