Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 262 the other did not, the information is not considered to have been provided in confidence. However, mutual understanding alone is not sufficient. Additional factors must exist in addition.673 The preceding factors are not a test but rather guidance on factors to consider. It is not an exhaustive list. Each case will require different supporting arguments. The bare assertion that the information was provided implicitly in confidence would not be sufficient.674 Factors to consider when determining if a document was provided in confidence explicitly include (not exhaustive): • the existence of an express condition of confidentiality between the local authority and the party providing it;675 • the fact that the local authority requested the information be provided in a sealed envelope and/or outlined its confidentiality intentions to the party prior to the information being provided.676 The preceding factors are not a test but rather guidance on factors to consider. It is not an exhaustive list. Each case will require different supporting arguments. IPC Findings In Review Report 164-2016, the Commissioner reviewed a denial of access by the University of Saskatchewan (U of S). An applicant requested access to material related to his application to medical residency programs at the U of S. The U of S withheld portions of the records citing several exemptions under LA FOIP including subsection 30(3)(a)(ii) of LA FOIP. Upon review, the Commissioner considered subsection 30(3)(a)(ii) of LA FOIP which was applied to reference letters submitted to the U of S on behalf of the applicant and scores and notes made by the individuals reviewing the applicant’s applications for residency positions. The 673 Jacques Whitford Environment Ltd. v. Canada (Minister of National Defence), 2001 FCT 556 at [40]; SK OIPC Review Reports F-2006-002 at [52], LA-2013-002 at [58] to [59]; ON IPC Order MO-1896 at p. 8; BC IPC Order F-11-08 at [32]. 674 SK OIPC Review Report LA-2013-002 at [60]. 675 SK OIPC Review Reports F-2006-002 at [56], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Orders 97-013 at [23] to [24], 2001-008 at [54]. 676 SK OIPC Review Reports F-2006-002 at [56], F-2012-001/LA-2012-001 at [29], LA-2013-002 at [49], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Order 97-013 at [25].
RkJQdWJsaXNoZXIy MTgwMjYzOA==