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. 270 Section 43.1 of LA FOIP provides for the ability to address those situations where the right to make a correction request is being abused. To disregard a request for correction, a local authority must first make an application to the Commissioner requesting authorization to do so. The Commissioner will either grant or refuse the request. If the request to disregard is granted by the Commissioner, the local authority can treat the correction request like it never happened. However, the individual still has a right to be notified that the correction request is being disregarded pursuant to subsection 31(1)(c) of LA FOIP. Subsection 31(1)(c) is a relatively new provision that came into force January 1, 2018, following the amendments to LA FOIP. Section 43.1 of LA FOIP also came into force at the same time. Subsection 31(2) Right of Correction 31(2) Within 30 days after a request pursuant to clause (1)(a) is received, the head shall advise the individual in writing that: (a) the correction has been made; (b) a notation pursuant to clause (1)(b) has been made; or (c) the request has been disregarded, setting out the reason for which the request was disregarded pursuant to section 43.1. Subsection 31(2) of LA FOIP provides local authorities with the options for responding to a request for correction. Within 30 days, the local authority must respond in writing giving its decision. The decision on how to proceed must be made and the individual advised in writing of the decision within 30 days of receiving the correction request. When determining the 30-day timeline for sending the response, The Legislation Act establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. Section 2-28 of The Legislation Act provides the following for the computation of time:

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