Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 112 • Effective enforcement action to follow any breach.334 Subsection 24.1(b)(ii) Duty of government institution to protect 24.1 Subject to the regulations, a government institution shall establish policies and procedures to maintain administrative, technical and physical safeguards that: … (b) protect against any reasonably anticipated: … (ii) loss of the personal information in its possession or under its control; or Subsection 24.1(b)(ii) of FOIP requires government institutions to establish written policies and procedures that protect against any reasonably anticipated loss of personal information. Reasonably anticipated “Reasonable” means what a reasonable person would consider appropriate in the circumstances.335 This standard acknowledges that reasonable “does not mean perfect”.336 To “anticipate” means to be aware of (a future event) and take action; regard as probable; look forward to; to act or happen before.337 Loss means the failure to maintain possession of personal information.338 Loss can include: • Accidental or deliberate loss of data – e.g., physical damage to hardware, willful destruction of recorded information, information destroyed in a flood or fire. 334 Adapted from SK OIPC Investigation Report H-2011-001 at [92]. 335 British Columbia’s Personal Information Protection Act, SBC 2003, c 63 at section 2 and subsection 4(1). See also section 2 of Alberta’s Personal Information Protection Act, SA 2003, c P-6.5 and the joint resource by the Service Alberta and Alberta IPC titled, A Guide for Businesses and Organizations on the Personal Information Protection Act at p. 9. 336 BC IPC Investigation Report F06-01 at [49]. 337 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 57, (Oxford University Press). 338 Adapted from Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1132.