Guide to FOIP-Chapter 1

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 26 The practical effect of subsection 24(1.1) of FOIP is that if personal health information is in the custody or control of a trustee and therefore subject to HIPA, it cannot simultaneously be personal information subject to FOIP. The purpose of the Legislative Assembly in enacting subsection 24(1.1) of FOIP was presumably to avoid duplication in legislative coverage, not to create a void where no privacy law applied to the information collected, used and/or disclosed.51 IPC Findings In Investigation Report 293-2016, the Commissioner found that the information at issue was personal health information and that FOIP did not apply to the information pursuant to subsection 24(1.1) of FOIP. Rather, The Health Information Protection Act applied to the information. In Investigation Report 179-2019, the Commissioner found that, as FOIP did not apply to personal health information, FOIP was not engaged in the circumstances of the case. Section 23 Confidentiality provisions in other enactments 23(1) Where a provision of: (a) any other Act; or (b) a regulation made pursuant to any other Act; that restricts or prohibits access by any person to a record or information in the possession or under the control of a government institution conflicts with this Act or the regulations made pursuant to it, the provisions of this Act and the regulations made pursuant to it shall prevail. (2) Subject to subsection (3), subsection (1) applies notwithstanding any provision in the other Act or regulation that states that the provision is to apply notwithstanding any other Act or law. (3) Subsection (1) does not apply to: (a) The Adoption Act, 1998; (b) section 31 of The Archives and Public Records Management Act; 51 SK OIPC Investigation Report F-2010-001 at [31].