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. 5 This notion of privacy derives from the assumption that all information about a person is in a fundamental way his own, for him to communicate or retain for himself as he sees fit.10 For the privacy rights to be engaged at Part IV of FOIP, the information must constitute personal information under section 24(1) of FOIP. To help determine this, see Definition of Personal Information later in this Chapter. IPC Findings In Review Report F-2005-001, the Commissioner investigated the practice of the Automobile Injury Appeal Commission (AIAC) of publishing on its website the full text of its decisions. Those decisions included a good deal of personal information of those persons applying for compensation. The Commissioner found that there was no legislative requirement that the AIAC publish decisions on its website and that such publication falls short of privacy ‘best practices’. Part of the investigation involved the Commissioner considering whether “privacy” was a right under the Canadian Charter of Rights and Freedoms. Privacy versus Confidentiality The words “confidentiality” and “privacy” do not mean the same thing: Confidentiality is the protection of personal information, once obtained, against improper or unauthorized use or disclosure. This is just one aspect of privacy and is not synonymous with “privacy”. It is the duty to protect personal information.11 Privacy is a broad concept that involves the right of the individual to exercise a measure of control over their personal information. It involves the decision of the individual as to what personal information will be disclosed to a government institution and for what purposes. Privacy captures both the security and confidentiality of personal information.12 Privacy is the general right of the individual to be left alone, to be free from interference, 10 R.v. Dyment 1988 CanLII 10 (SCC), [1988] 2 S.C.R. 417 at [22]. Also quoted in SK OIPC Investigation Report F-2005-001 at [25]. 11 SK OIPC Glossary of Common Terms: The Health Information Protection Act (HIPA). See also SK OIPC 2009-2010 Annual Report at Appendix 1 – Definitions, p. 53. 12 SK OIPC Investigation Report H-2013-001 at [193]. Originated from SK OIPC Glossary of Common Terms: The Health Information Protection Act (HIPA).