Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 65 (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or The head can disclose personal information in a record without the consent of the individual to whom it relates when it is deemed to be in the public interest to do so, more specifically, where the public interest in releasing outweighs any invasion of privacy. All three parts of the following test must be met: 1. Is the information ‘personal information’ In order for subsection 29(2)(o) of FOIP to be engaged, there must be “personal information” involved as defined by subsection 24(1) of FOIP. Subsection 24(1) of FOIP starts with the following: 24(1) Subject to subsections (1.1) and (2), “personal information” means personal information about an identifiable individual that is recorded in any form, and includes: … Including means that the list of information that follows is incomplete (non-exhaustive). The examples in the provision are the types of information that could be presumed to qualify as personal information.143 As the provision uses the word “including”, the list of examples provided for at subsection 24(1) of FOIP (i.e., (a) through (k)) are not meant to be exhaustive. This means there can be other types of information that could qualify as personal information. So more broadly, to constitute personal information, two elements must be present: i. The information must be about an identifiable individual; and ii. The information must be personal in nature.144 143 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/cabinet-local-public-body-confidences. Accessed June 26, 2019. Definition of “including” same as SK OIPC Guide to FOIP, Chapter 4: Exemptions from the Right of Access, for subsections 16(1), 17(1)(g) and 22(a) of FOIP. 144 SK OIPC Review Report F-2010-001 at [118] to [128].
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