Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 216 may be disclosed pursuant to subsection 28(2)(n)(i) of LA FOIP. To rely on the provision, the public interest must clearly outweigh any invasion of privacy. Clearly means visible, unmistakable, beyond a question or beyond a reasonable doubt; honestly, straightforwardly, and frankly; plainly.585 Outweigh means to be of more importance or value than something else.586 Invasion of privacy is a term that means the privacy of a person has been invaded.587 Invasion means an encroachment upon the rights of another.588 Some further things to consider when weighing the public interest: • Is there another public process or forum established to address public interest considerations. • Has a significant amount of information already been disclosed and is it adequate to address any public interest considerations. • Is there already wide public coverage or debate of the issue and disclosing the records would not shed further light on the matter. Some things to consider when weighing any invasion of privacy: • Consider the representations made by the affected individual(s) arguing against disclosure. o Note that notification to the affected individual is required prior to disclosure pursuant to subsection 33(1)(b) of LA FOIP. An affected individual that is provided notice, has the right to make representations to the local authority as to why their personal information should not be disclosed. For more on this process see Guide to LA FOIP, Chapter 5 – “Third Party Information”. 585 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 April 23, 2020. 586 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1330. 587 The Law Dictionary, Black’s Law Dictionary, Free 2nd ed. Available at INVASION OF PRIVACY Definition & Meaning - Black's Law Dictionary (thelawdictionary.org). 588 The Law Dictionary, Black’s Law Dictionary, Free 2nd ed. Available at INVASION Definition & Meaning - Black's Law Dictionary (thelawdictionary.org).
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