Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 214 (1) Will the records contribute to the public understanding of, or to debate on or resolution of, a matter or issue that is of concern to the public or a sector of the public, or that would be, if the public knew about it? The following may be relevant: • Have others besides the applicant sought or expressed an interest in the records? • Are there other indicators that the public has or would have an interest in the records? (2) Is the applicant motivated by commercial or other private interests or purposes, or by a concern on behalf of the public, or a sector of the public? The following may be relevant: • Do the records relate to a personal conflict between the applicant and the local authority? • What is the likelihood the applicant will disseminate the contents of the records in a manner that will benefit the public? (3) If the records are about the process or functioning of the local authority, will they contribute to open, transparent, and accountable government? The following may be relevant: • Do the records contain information that will show how the local authority reached or will reach a decision? • Are the records desirable for subjecting the activities of the local authority to scrutiny? • Will the records shed light on an activity of the local authority that have been called into question?581 The purpose of a public interest override such as subsection 28(2)(n)(i) of LA FOIP includes promoting democracy by increasing public participation. When considering the public interest, the local authority should create a list of factors in favour of withholding and public interest factors for releasing. This will help when it comes to 581 These criteria were first adopted in SK OIPC Review Report 173-2018 at [23].
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