Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 296 IPC Findings In Review Report 098-2015, the Commissioner considered section 30(1) of FOIP. An applicant had requested records from Saskatchewan Government Insurance (SGI) related to a son’s auto claim file. The son was deceased. SGI responded to the applicant providing partial access to records and withholding others pursuant to several provisions in FOIP including section 30. Upon review, the Commissioner found that based on evidence provided by the applicant, the applicant was the duly appointed administrator of the son’s estate. As such, the applicant qualified as the personal representative for purposes of subsection 59(a) of FOIP. In order for the personal representative to access the personal information, it must relate to the administration of the estate. The Commissioner found that the information related to the administration of the son’s estate because the information appeared to relate to the adjudication of the son’s auto claim. The Commissioner recommended the personal information of the applicant’s son be released to the applicant. Subsection 30(2) Personal information of deceased individual 30(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(2) of FOIP provides discretion on the head to disclose the personal information of a deceased individual before 25 years after death to the individual’s next of kin where it is deemed not to constitute an unreasonable invasion of privacy. Next of kin is a person’s nearest relative by blood or marriage which could include: a cousin, grandparent, niece or nephew, who has close ties to the individual who is deceased. For example: • Spouse, parent, child • Cousins brought up together as siblings • A grandchild brought up by grandparents1024 1024 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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