Guide to LA FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 215 assessing the relative weight of the factors and whether disclosing is in the public interest.582 What are the benefits to be derived from disclosing? LA FOIP’s central purpose is to shed light on the operations of local authorities and to promote democracy. Consider whether disclosure of the personal information serves to inform or enlighten the citizenry about the activities of their government. Also consider if disclosure adds in some way to information the public already has to make effective use of the means of expressing public opinion or to make political choices. A public interest does not exist where the interests being advanced are essentially private in nature. However, where a private interest in disclosure raises issues of a more general application, a public interest may be found to exist. A public interest is not automatically established where the media is involved. To be in the public interest, the personal information must relate to a matter of compelling public interest, and not just be of interest or of curiosity to the public, a group of people or individuals. What constitutes a compelling public interest is defined narrowly.583 The following are some examples where disclosure may be in the public interest: • An individual is the carrier of a contagious or dangerous disease. • A violent or dangerous offender has been released into the community. • An individual is seeking employment in childcare based on a false resume is found to have a history of child molestation that is recorded. • Information has come to light about corruption or serious misuse of public funds.584 The local authority should be able to identify what the public interest would be. 3. Does the public interest clearly outweigh any invasion of privacy? Where a public interest has been established, the local authority must then weigh the public interest against the personal privacy interests of the individual whose personal information 582 Adapted from the Office of the Newfoundland and Labrador Information and Privacy Commissioner (NFLD IPC), Resource, Guidelines for Public Interest Override at pp. 2 and 3. 583 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 6, “Disclosure in the Public Interest” at p. 229. 584 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 6, “Disclosure in the Public Interest” at p. 229.

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