Office of the Saskatchewan Information and Privacy Commissioner. Sample Section 56 Decisions for Government Institutions. 15 April 2025. 4 • The type of breach and the number of affected individuals. • How affected individuals have been impacted and if the government institution has taken all the steps it could to protect their privacy. • Has the government institution 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 56 decision the head should include the following: • A statement that they are responding to the Commissioner’s review or investigation report pursuant to section 56 of 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 57 of 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 57 of FOIP 57(1) Within 30 days after receiving a decision of the head pursuant to section 56, 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 34(1); or (b) would have notified pursuant to subsection 34(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. (5) The commissioner shall not be a party to an appeal.
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