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. 131 other words, if the government institution keeps it, it should ensure it has authority to do so under section 25 of FOIP. If not, return it or safely destroy it. If a government institution does not have specific authority to collect unsolicited personal information and the information is not necessary for an operating program or activity of the government institution, it is not an authorized collection. The government institution should adopt a policy of either returning the unsolicited information or destroying it in accordance with a transitory records schedule.392 In some cases, a government institution might keep unsolicited personal information for a specified period before destroying it (e.g., unsolicited resumes). The government institution should keep the unsolicited personal information separate from other files so that it will not be improperly used or disclosed.393 IPC Findings In Investigation Report F-2012-002, the Commissioner investigated a complaint concerning the Saskatchewan Workers’ Compensation Board (WCB). The complaint concerned the disclosure of an individual’s personal information to a third party trucking company, specifically, that the individual had a claim with WCB. The Commissioner found that there was an unauthorized disclosure by the WCB to the third party trucking company when it confirmed the individual had an active WCB claim. The Commissioner also found that during the conversation between WCB and the trucking company, WCB collected personal information of the individual without proper authority to do so under section 25 of FOIP. https://files.ontario.ca/books/foi_privacy_manual_-_final-v02-2018-03-08-en-accessible.pdf. Accessed December 1, 2022. See also SK OIPC Investigation Reports F-2012-002 at [61] and F-2012-004 at [77]. 392 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 239. See also SK OIPC Investigation Report F-2012-002 at [60]. 393 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 240. See also SK OIPC Investigation Report F-2012-002 at [60].

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