Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 80 Subsection 33(4) Notice to third party 33(4) Where, in the opinion of the head, it is not reasonable to provide a notice to a third party pursuant to subsection (1), the head may dispense with the giving of notice. To receive notice, the third party 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.190 If the third party cannot reasonably be located, the local authority may dispense with giving notice pursuant to subsection 33(4) of LA FOIP. A local authority is expected to use only its own records and publicly available resources to locate an address for a third party.191 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.192 190 See SK OIPC 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]. 191 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at pp. 214 to 215. 192 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 215.
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