Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 263 Commissioner found that the three part test was met and that the U of S appropriately applied subsection 30(3)(a)(ii) of LA FOIP. Subsection 30(3)(b) Individual’s access to personal information 30(3) The head of the University of Saskatchewan or the University of Regina may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of: … (b) evaluating the individual’s research projects or materials for publication; where the information is provided explicitly or implicitly in confidence. Subsection 30(3)(b) of LA FOIP provides the U of S and U of R ability to withhold personal information if it is evaluative or opinion material compiled for the purpose of evaluating an individual’s research projects or materials for publication. The following three-part test can be applied: 1. Is the information personal information that is evaluative or opinion material? To qualify as personal information, the information must be about an identifiable individual and must be personal in nature. Some examples are provided in subsection 23(1) of LA FOIP. See Section 23 earlier in this Chapter for more explanation on what constitutes personal information. Evaluative means to have assessed, appraised, to have found or to have stated the number of.677 Opinion material is a belief or assessment based on grounds short of proof; a view held as probable for example, a belief that a person would be a suitable employee, based on that person’s employment history. An opinion is subjective in nature and may or may not be based on facts.678 677 AB IPC Order 98-021 at p.4. 678 AB IPC Order 98-021 at p.4.
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