Office of the Saskatchewan Information and Privacy Commissioner. Sample Section 45 Decisions for Local Authorities. 15 April 2025. 4 • The type of breach and the number of affected individuals. • How affected individuals have been impacted and if the local authority has taken all the steps it could to protect their privacy. • Has the local authority taken all the steps it could have taken to manage the breach in identifying the root cause and preventing future breaches. • If taking additional steps would increase public trust and confidence. In a section 45 decision the head should include the following: • A statement that they are responding to the Commissioner’s review or investigation report pursuant to section 45 of LA FOIP. • A quote of each individual recommendation made by the Commissioner that the head is responding to. • A response to each individual recommendation with a decision regarding whether they intend to follow it or not. • The reasons as to why they have made each decision. • If the head is releasing additional records to an applicant, identify those records. • Identify any of the third party’s information that the head intends to release or to continue to withhold. • A statement that the applicant, individual or third party involved has a right to appeal a decision of the head to the Court of King’s Bench pursuant to section 46 of LA FOIP. Where no response is provided to a recommendation, the Commissioner will consider that no response has been made and will indicate so in the Annual Report. Section 46 of LA FOIP 46(1) Within 30 days after receiving a decision of the head pursuant to section 45, an applicant or individual or a third party may appeal that decision to the court. (2) A head who has refused an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by an applicant, give written notice of the appeal to any third party that the head: (a) has notified pursuant to subsection 33(1); or (b) would have notified pursuant to subsection 33(1) if the head had intended to give access to the record or part of the record. (3) A head who has granted an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by a third party, give written notice of the appeal to the applicant. (4) A third party who has been given notice of an appeal pursuant to subsection (2) or an applicant or individual who has been given notice of an appeal pursuant to subsection (3) may appear as a party to the appeal.
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