Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 72 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.167 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:168 i. The information must be about an identifiable individual; and ii. The information must be personal in nature. Information is about an identifiable individual if: • The individual can be identified from the information (e.g., name, where they live); or • The information, when combined with information otherwise available, could reasonably be expected to allow the individual to be identified.169 167 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” as included in SK OIPC Guide to FOIP, Chapter 4: Exemptions from the Right of Access, for subsections 16(1) and 17(1)(g) of FOIP. 168 SK OIPC Review Report F-2010-001 at [118] to [128]. 169 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 44. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020.
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