Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 285 Subsection 39(2)(a.6): Insufficient evidence Review or refusal to review 39(2)(a.6) The commissioner may refuse to conduct a review or may discontinue a review if, in the opinion of the commissioner, the application for review: … (a.6) does not contain sufficient evidence; Subsection 39(2)(a.6) of LA FOIP provides that the Commissioner can refuse or discontinue a review or investigation where the application does not contain sufficient evidence. This is a new provision that came into force on January 1, 2018. Validity Test There are times when a privacy complaint is received, and it needs to be tested for validity. To test for validity means to measure the degree of accuracy in the complaint to see if there is enough evidence to proceed with an investigation. Validity means actually supporting the intended point or claim. To validate is to check or prove the validity of.721 To test validity, the following three questions can be considered: 1. What is alleged? 2. What argument and/or evidence was presented in support of the allegations? 3. Is there sufficient evidence to proceed with each part of the complaint? When applying the validity test, consideration should be made of all facts and evidence provided. When there is not enough evidence to proceed with a complaint, the complaint will be determined to be “not well founded”. 721 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1583.
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