Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 213 (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or Subsection 28(2)(n)(i) of LA FOIP provides that a local authority can disclose personal information about an individual without consent for any purpose where the public interest in disclosure clearly outweighs any invasion of privacy that could result from disclosure. This provision requires the exercise of discretion by the “head” of the local authority. Disclosure can be for any purpose provided the criteria in subsection 28(2)(n)(i) of LA FOIP are met. The following test can be applied to assist with determining whether to rely on this provision: 1. Is the information “personal information” as defined by LA FOIP? 2. Is there a public interest in the personal information? 3. Does the public interest clearly outweigh any invasion of privacy?578 1. Is the information “personal information” as defined by LA FOIP? Section 23 of LA FOIP defines “personal information”. See Section 23 earlier in this Chapter. 2. Is there a public interest in the personal information? Public interest means the interest of the general public or of a group of individuals. It does not include the interest of only one individual.579 The criteria for assessing whether there is a public interest in information are as follows:580 578 This three-part test was established in SK OIPC Review Report 082-2017 at [26]. The report dealt with the equivalent provision in The Local Authority Freedom of Information and Protection of Privacy Act, section 28(2)(n)(i). It was adopted for purposes of subsection 29(2)(o)(i) of FOIP in Review Report 173-2018 at [22]. 579 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed December 15, 2022. 580 This criteria was first adopted in SK OIPC Review Report 173-2018 at [23].
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