Office of the Saskatchewan Information and Privacy Commissioner. A Guide to Submissions. Effective Sept. 2020. Updated Dec. 2022. 22 If a third party is making a submission to the Commissioner, the third party has to present evidence and arguments surrounding section 19 of FOIP (section 18 of LA FOIP, section 38 of HIPA). Making submissions regarding other sections in FOIP, LA FOIP or HIPA will not be considered by the Commissioner’s office because only the head of the public body can invoke other exemptions and make arguments about those exemptions. The third party has to present its arguments relating to the application of section 19 of FOIP, section 18 of LA FOIP, or section 38 of HIPA. The third party (who is actually the subject of the access to information request) might wish to do a submission on not releasing personal information, section 29 of FOIP (section 28 of LA FOIP) or personal health information, section 27 of HIPA. Generally, this does not apply to the name of an employee or business, work address, work telephone number, work email, working title, or signature of an employee who works for the third party. Depending on the context, this is generally known as work product or business card information. Determine the Records in Dispute The public body/trustee may be considering the release of multiple records. Some of those records will not impact the third party at all. The only records the third party can be concerned about are those that it provided to the public body/trustee and in some instances, the records that the public body/trustee provided to it. In some instances, records may have been created by the public body/trustee, but contain information originally supplied by the third party. Decide if you Really Care A third party’s first reaction might be that they do not want any information disclosed. The problem is the legislation does not allow that. It allows a specific exemption under section 19 of FOIP (section 18 of LA FOIP, section 38 of HIPA). These sections override any clause in a contract. After consideration, a third party might decide that it might as well consent to the release of the information. Doing this assists the process for the public body/trustee and the Commissioner’s office. Third parties should be aware that the terms of a contract for goods or services between a third party and public body are generally released.
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