Appeals by an Applicant

If an applicant is dissatisfied with the response of the local authority to an access request, the applicant can appeal to the Office of the Saskatchewan Information and Privacy Commissioner. The form for the appeal is found in the LAFOIP Regulations.

The decision of the Privacy Commissioner is not binding on the local authority; however it is a very compelling statement and must be carefully considered by the local authority. The Privacy Commissioner’s office publishes its reports and recommendations on cases it investigates.

The Commissioner’s ruling can be appealed to the Court of Queen’s Bench. Once the Court makes a decision on the issue it can be enforced in the same way as any other court judgement.

Consequences of unauthorised release of personal information

Section 56 of LAFOIP provides that anyone who knowingly discloses personal information in contravention of the legislation is guilty of a summary offence with a possible fine of up to $1,000 and/or 3 months in jail. While the maximum penalties would only apply in the most serious of cases it gives an indication of the importance privacy issues have in law.

Inadvertent release of information or release of information in the belief that it was allowed or required under LAFOIP would not constitute an offence.