Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 23 institution or local authority (see IPC Findings at the end of this section). In each case, the starting point was for the government institution or local authority to successfully demonstrate for the Commissioner that the records were indeed the personal records of the employee. Second, the government institution or local authority presented its case on why it did not have possession or control of the records. For best practices for how to manage personal emails in government email accounts, see IPC resource, Best Practices for the Management of Non-Work Related Personal Emails in WorkIssued Email Accounts. Conflict of Interest If a government employee uses a personal device and/or personal account (such as personal email account) to conduct government-related activities, the Commissioner has taken the position that such records are still subject to FOIP.35 In such situations, the government institution should be searching those email accounts for responsive records in addition to regular records holdings. An employee with personal or special interest in whether records are disclosed should not be the person who decides the issue of disclosure.36 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 Access Coordinator.37 It is important to determine if a conflict of interest may exist. Consider the following: (a) Does the decision-maker have a personal or special interest in the records. 35 SK OIPC resource, Best Practices for Managing the Use of Personal Email Accounts, Text Messaging and Other Instant Messaging Tools, May 2018 at p. 4. Available at Best Practices for Managing the Use of Personal Email Accounts, Text Messaging and Other Instant Messaging Tools (oipc.sk.ca). Accessed December 29, 2022. 36 ON IPC Order MO-2867 at [22]. See also SK OIPC Review Report 023-2020, 027-2020, Part I, at [37]. 37 Office of the Nunavut Information and Privacy Commissioner (NU IPC) Review Report 16-102 at [4] and [5].
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