Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 278 did not sufficiently identify the error or omission in the records nor provide supporting evidence to demonstrate there was indeed an error or omission. The Commissioner found that Justice appropriately responded to the correction request. Subsection 31(2)(c) 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: … (c) the request has been disregarded, setting out the reason for which the request was disregarded pursuant to section 43.1. Individuals have a right to make a request for correction of their personal information. However, there can be times when that right is abused. 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. For guidance on how to make an application, see Application to Disregard an Access to Information Request or Request for Correction. See also Guide to LA FOIP, Chapter 3: “Access to Records”, Section 43.1. 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(2)(c) of LA FOIP. Subsection 31(2)(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.
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