Guide to FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 295 Chapter 6, “Protection of Privacy”. Releasing personal information without proper authority could constitute a breach of privacy. Section 30: Personal Information of Deceased Individual Personal information of deceased individual 30(1) Subject to subsection (2) and to any other Act, the personal information of a deceased individual shall not be disclosed until 25 years after the death of the individual. (2) Where, in the opinion of the head, disclosure of the personal information of a deceased individual to the individual's next of kin would not constitute an unreasonable invasion of privacy, the head may disclose that personal information before 25 years have elapsed after the individual's death. Subsection 30(1) Personal information of deceased individual 30(1) Subject to subsection (2) and to any other Act, the personal information of a deceased individual shall not be disclosed until 25 years after the death of the individual. Subsection 30(1) of FOIP provides that the personal information of a deceased individual cannot be disclosed until 25 years after the death of the individual. When considering the application of this provision, government institutions should also consider whether section 59 of FOIP (Exercise of rights by other persons) has any application in the circumstances. In some instances, personal representatives may be exercising a right or power as it relates to the administration of the individual’s estate. Furthermore, there may be written authorization from the individual prior to death (see subsection 59(e) of FOIP). For more on section 59 of FOIP, see Exercise of Rights by Authorized Representatives in the Guide to FOIP, Chapter 3, “Access to Records”.1023 1023 Also see section 59 (Exercise of rights by other persons) in FOIP.

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