Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 65 Explicitly means that the request for confidentiality has been clearly expressed, distinctly stated, or made definite. There may be documentary evidence that shows that the information was obtained with the understanding that it would be kept confidential.161 Factors that can be considered include: • Is there an express condition of confidentiality (i.e., something in writing that confirms it)?162 • Did the local authority or individual outline confidentiality intentions prior to the information being provided163 3. Is it a reply and would disclosure reveal the content of the original correspondence? The provision also protects replies from the local authority to the individual if the replies reveal personal information from the original correspondence sent by the individual that is of a private or confidential nature. For replies, disclosure must reveal the private or confidential personal information from the original correspondence. Local authorities should identify what information in the reply reveals the content of the original correspondence that is private or confidential. The exception is views or opinions that are caught by subsection 23(1)(h) of LA FOIP. The provision explicitly excludes correspondence that contains views or opinions of the individual with respect to another individual. In these cases, see subsection 23(1)(h) of LA FOIP. 16-006 at [19] and Office of the Nova Scotia Information and Privacy Commissioner (NS IPC) Review Reports 17-03 at [34] and 16-09 at [44]. 161 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at pp. 104 and 105. 162 Adapted from Adapted from SK OIPC resource, Guide to FOIP, Chapter 4, Exemptions from the Right of Access at sections 13, 19 and 31. See also SK OIPC Review Reports F-2006-002 at [56], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Orders 97-013 at [23] to [24], 2001008 at [54]. 163 Adapted from Adapted from SK OIPC resource, Guide to FOIP, Chapter 4, Exemptions from the Right of Access at sections 13, 19 and 31. See also SK OIPC Review Reports F-2006-002 at [56], F-2012001/LA-2012-001 at [29], LA-2013-002 at [49], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Order 97-013 at [25].
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