Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 20 Conflict of Interest An employee with personal or special interest in whether records are disclosed should not be the person who decides the issue of disclosure when the records are held in the employee’s personal email account.27 When an employee is asked to search their own records to identify and provide copies of responsive records which they may not be reflected in the best light, there is an inherent conflict of interest and very human urge to expunge or attempt to hide embarrassing records. In all cases where there is a real or apparent conflict of interest in having an employee search their own records and supply responsive records, the searches should be conducted by the FOIP Coordinator or Privacy Officer.28 When determining whether there is a conflict of interest in having the employee search their own personal accounts, consider the following: (a) Does the decision-maker (or employee) have a personal or special interest in the records. (b) Would a well-informed person, considering all the circumstances, reasonably perceive a conflict of interest on the part of the decision-maker.29 IPC Findings In Review Report 184-2016, the Commissioner addressed the issue of Global Transportation Hub (GTH) board members using personal email addresses to conduct government related activities. Board members received sensitive government documents at personal email addresses. The Commissioner recommended GTH board members use the Government of Saskatchewan email system for government-related activities. In Review Report 051-2017, the Commissioner addressed the issue of the former Premier using a personal email account and a “saskparty.com” email account for government business. The Commissioner encouraged government leaders and public servants to use the Government of Saskatchewan email system to do government-related activities. In Investigation Report 101-2017, the Commissioner investigated a complaint by an individual that alleged the Minister of the former Saskatchewan Transportation Company 27 ON IPC Order MO-2867 at [22]. See also SK OIPC Review Report 023-2020, 027-2020, Part I, at [37]. 28 Office of the Nunavut Information and Privacy Commissioner (NU IPC) Review Report 16-102 at [4] and [5]. 29 ON IPC Order MO-2867 at [22]. See also SK OIPC Review Report 023-2020, 027-2020, Part I, at [37].
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