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. 252 Local authorities should interpret the exemptions to this right to personal information with a view to giving an individual as much access as possible. Records containing personal information may be very sensitive in nature, so care must be taken to ensure that proper safeguards are in place when these types of records are released. When providing an applicant with access to personal information, a local authority must be satisfied that the individual receiving the information is indeed the individual that the information is about or a duly appointed representative of that person.21636 For more on duly appointed representatives, see Guide to LA FOIP, Chapter 3: “Access to Information”, Section 49: Exercise of Rights by Other Persons.637 For more information on verifying the identity of the applicant, the Ministry of Justice, Access and Privacy Branch issued the resource, Verifying the Identity of an Applicant. It provides helpful direction on steps that can be taken to verify identity. Subsection 30(2) Individual’s access to personal information 30(2) A head may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of determining the individual’s suitability, eligibility or qualifications for employment or for the awarding of contracts and other benefits by the local authority, where the information is provided explicitly or implicitly in confidence. Subsection 30(2) of LA FOIP enables the head to refuse to disclose to individuals, personal information that is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility or qualifications for employment or for the awarding of contracts and other benefits by the local authority. The provision attempts to address two competing interests: the right of an individual to have access to his or her personal information and the need to protect the flow of frank 636 Government of Saskatchewan, Ministry of Justice, Access and Privacy Branch, Resource, Verifying the Identity of an Applicant, September 2017, at p. 2. 637 See also section 49 in LA FOIP.

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