Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 274 An error is mistaken or wrong information or information that does not reflect the true state of affairs.703 An omission is information that is incomplete or missing or that has been overlooked.704 Factual information can be corrected. The individual must provide proof in support of the request for correction of factual information. Examples of documents that might be required to prove facts include a birth or baptismal certificate to prove age, or a notice of assessment from the Canada Revenue Agency to prove income.705 Factual information does not need to be corrected if the facts are in dispute and it is not possible to make a factual determination about the issue through the inquiry process.706 Opinions cannot be corrected. This includes professional and expert opinions.707 See the third part of the test below. Records of an investigatory nature cannot be said to be “incorrect”, “in error”, “incomplete”, “inexact” or “ambiguous” if they simply reflect the views of the individuals whose impressions are being set out. In other words, it is not the truth of the recorded information that is determinative of whether a correction request should be granted, but rather whether what is recorded accurately reflected the author’s observations, perception of events and impressions as they existed at the time the records were created.708 3. Is the amendment a substitution of opinion? Opinions are not errors or omissions if they accurately reflected the views of the author at the time they were recorded, whether or not the opinion is supported by fact. The truth or falsity of the views or opinions is not the issue. A correction cannot be a substitution of opinion.709 703 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 254. This definition was relied on in base case SK OIPC Review Report F-2014-004 at [20]. 704 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 254. This definition was relied on in base case SK OIPC Review Report F-2014-004 at [20]. 705 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 254. 706 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 254. 707 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 254. 708 The base case for this provision was SK OIPC Review Report F-2014-004 at [23]. Originated from Ontario IPC Order MO-2766 at [91]. 709 AB IPC Order H2004-004 at [19].
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