Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 54 IPC Findings In Investigation Report 228-2015, the Commissioner investigated a breach of privacy involving a SaskPower employee inappropriately accessing the personal information of 4,382 current and former SaskPower employees and copying two files from the data. Due to the number of records the employee snooped into, the Commissioner recommended that SaskPower send its final investigation report to the Ministry of Justice, Public Prosecutions Division. That was to allow prosecutors to further consider whether an offence had been committed and if charges should be laid under FOIP or any other statute. Not Cooperating with the Commissioner Subsections 68(3)(a) through (c) of FOIP set out other offences and require individuals to cooperate with the Commissioner or any other person performing the duties of the Commissioner. Subsections 68(3)(a) through (c) of FOIP provide that it is an offence to: • Willfully obstruct, hinder or resist the Commissioner or another person (such as the Commissioner’s staff) in the exercise of the powers, performance of the duties or functions of the Commissioner or other person under FOIP without lawful justification or excuse. • Refuse or willfully fail to comply with any lawful requirement of the Commissioner or any other person under FOIP without lawful justification or excuse. • Willfully make false statements, mislead or attempt to mislead the Commissioner or any other person in the exercise of the powers, performance of the duties or functions of the Commissioner or other person under FOIP. The powers, duties and functions of the Commissioner are laid out in FOIP. The penalties for doing any of the above is a fine of up to $50,000, imprisonment of up to one year, or both.99 99 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01, s. 68(3).
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