Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 299 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 grandparents1027 FOIP does not define what constitutes an “unreasonable invasion of privacy”. However, other jurisdictions in Canada have what constitutes an unreasonable invasion of privacy built into its privacy legislation. Section 31: Access to Personal Information Individual’s access to personal information 31(1) Subject to Part III and subsection (2), an individual whose personal information is contained in a record in the possession or under the control of a government institution has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record. (2) A head may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of determining the individual’s suitability, eligibility or qualifications for employment or for the awarding of government contracts and other benefits, where the information is provided explicitly or implicitly in confidence. This section can also be found in the Guide to FOIP, Chapter 3, “Access to Records” and Chapter 6, “Protection of Privacy.” It is reproduced here for ease of access. 1027 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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