Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 269 Subsection 31(1)(a) of LA FOIP provides that an individual is entitled to request correction of personal information where they believe there is an error or omission in it. The onus is on the individual to demonstrate to the local authority what the error or omission is. A request for correction from an individual must, at a minimum: • Identify the personal information the individual believes is in error. That personal information must be the personal information of the individual and not of a third party. • The alleged error must be a factual error or omission. • The request must include some evidence to support the allegation of error or omission. Mere assertions will not suffice. • The proposed correction must be clearly stated and cannot be a substitution of opinion.696 The provision is not intended to function as an avenue of appeal, or redress, for an individual who is disappointed by a decision or disagrees with it. 2. The right to request a notation be made on the record that a correction was requested but not made. Subsection 31(1)(b) of LA FOIP gives individual’s the right to request a notation be made on the record indicating that a correction was requested but not made. Notation is a note made on the individual’s record by the personal information at issue or in an electronic record indicating that the individual has requested correction of the personal information. A notation should also include the date, who requested the correction, what the requested correction was and a signature or name of the decision-maker.697 3. To be advised of the reasons when a request for correction has been disregarded under section 43.1 of LA FOIP Individuals have a right to make a request for correction of their personal information. However, there can be times when that right is abused. 696 Office of the Nova Scotia Information and Privacy Commissioner (NS IPC) Review Report FI-09-79 at [13]. See also SK OIPC Review Report 147-2018, 197-2018, 008-2019, 073-2019/Investigation Report 192-2018, 221-2018, 058-2019 at [80]. 697 SK OIPC Guide to HIPA at p. 156. Available at IPC Guide to HIPA (oipc.sk.ca). Originated from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 255.
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