Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 257 • Fogal v. Regina School Division No. 4, 2002 SKKB 92 (CanLII) • Britto v University of Saskatchewan, 2018 SKKB 92 (CanLII) IPC Findings In Review Report LA-2004-001, the Commissioner reviewed a denial of access by the Lloydminster Public School Division (Division). An applicant requested access to records related to the applicant’s suitability for volunteering in after-school sport activities. Upon review, the Commissioner found that the evaluative or opinion material was not compiled for the purpose of determining the applicant’s suitability, eligibility or qualifications for employment or for the awarding of a contract or other benefit. It was compiled for the purpose of determining the suitability of a volunteer to engage in “volunteer” activity in an after-hours sports program. The Commissioner found that a volunteer does not meet the definition of “employee” of a local authority. As such, the Commissioner found that subsection 30(2) of LA FOIP did not apply. In Review Report 258-2016, the Commissioner found that the name of the individual giving the opinion was also captured by the provision. The purpose and intent of the provision is to allow individuals to provide frank feedback where there is an evaluation process occurring. In addition, evaluating suitability for employment can take place not only during the hiring process but also during an employee’s tenure. Further, the provision can include unsolicited records such as letters of concern or complaint (Fogal v. Regina School Division No. 4, (2002)). In Review Report 010-2018, the Commissioner reviewed a denial of access by the South East Cornerstone Public School Division #209 (Cornerstone). An applicant was seeking parental complaints and witness statements regarding an incident. Cornerstone withheld the records pursuant to several provisions in LA FOIP including subsection 30(2) of LA FOIP. Upon review, the Commissioner found that the records contained personal information that was evaluative or opinion material. Further, the Commissioner found that the personal information was compiled solely for the purpose of determining the applicant’s suitability for employment. Finally, the Commissioner found that the interview notes were provided explicitly in confidence. However, the written complaints were not provided implicitly or explicitly in confidence. The Commissioner recommended that Cornerstone sever the opinions and other personal information of individuals other than the applicant and release the rest. In Review Report 142-2022, the Commissioner considered a denial of access involving the Ministry of Social Services (Social Services). Social Services withheld portions of the record totaling 255 pages. It applied the equivalent subsection 31(2) of The Freedom of Information and Protection of Privacy Act (FOIP) to portions of the records. Upon review, the
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