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. 162 for the provision to cover any Act or regulation in Saskatchewan or Canada it would have used language to do so, as it has done in other provisions of FOIP. 480 A “directive” that has no authority in law would not provide authority for indirect collection under this provision.481 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. During an investigation, the Commissioner found that there was an unauthorized disclosure of the individual’s personal information 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 about the individual indirectly. WCB asserted that it collected the complainant’s personal information for the purpose of determining entitlement under The Workers’ Compensation Act, 1979 (WCA). The Commissioner found that the personal information of the complainant was not compelled to be collected pursuant to sections 23, and 24, or subsections 27(1) and (2) of the WCA but rather volunteered by chance to WCB. As such, the Commissioner found that WCB could not rely on sections 23 and 27 of the WCA to authorize the indirect collection. 480 It can be noted that Alberta’s FOIP Act also uses “another Act or regulation”. Previous Orders from AB IPC have only addressed provincial Acts and regulations. Manitoba’s FOIP Act has a similar provision but includes “an enactment of Manitoba or Canada” so Office of the Manitoba Information and Privacy Commissioner (MB IPC) Reports cover both provincial and federal Acts and regulations. 481 AB IPC Orders F2007-001, F2007-002, F2007-001 at [49] (one report covering 3 orders).