Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 73 About means on the subject of or concerning.170 About an identifiable individual means the information is not just the subject of something but also relates to or concerns the subject.171 Identifiable means that it must be reasonable to expect that an individual may be identified if the information were disclosed.172 The information must reasonably be capable of identifying particular individuals because it either directly identifies a person or enables an accurate inference to be made as to their identity when combined with other available sources of information (data linking) or due to the context of the information in the record.173 FOIP uses the words “person” and “individual” in various sections of the Act. Each word has different meanings. Subsection 24(1) of FOIP uses “individual”. Individual means natural persons (human beings).174 Use of the word individual in this provision makes it clear that the protection provided relates only to a natural person or human being.175 Therefore, a business or corporation would not constitute an individual for purposes of subsection 24(1) of FOIP. Person is the broader term and means individual but also includes a corporation and their heirs, executors, administrators or other legal representatives of a person.176 Personal in nature means of, affecting or belonging to a particular person; of or concerning a person’s private rather than professional life.177 170 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 4, (Oxford University Press). 171 Canada (Information Commissioner) v. Canada (Transportation Accident Investigation and Safety Board), 2006 FCA 157 (CanLII), [2007] 1 FCR 203. Also see the Office of the Privacy Commissioner of Canada resource, PIPEDA Interpretation Bulletin: Personal Information, 2013, available at https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protectionand-electronic-documents-act-pipeda/pipeda-compliance-help/pipeda-interpretationbulletins/interpretations_02/. 172 ON IPC Order PO-1880, upheld on judicial review in Ontario (Attorney General) v. Pascoe, [2002] O.J. No. 4300 (C.A.). See also SK OIPC Review Report LA-2013-001 at [57]. 173 Originated and adapted from BC IPC Order P14-03 at [16]. 174 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 924, 1238 and 1378. 175 ON IPC Order 16 at p. 19. See also 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. 176 The Legislation Act, SS 2019, c L-10.2 at s 2-29. 177 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1065. This definition was also relied on in SK OIPC Review Report 082-2019, 083-2019 at [94].
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