Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 167 Might means a possibility.494 “Possible” means capable of existing, happening, or being achieved; that which is not certain or probable.495 Might is significantly less than “probable” or “likely”. “Probable” means likely to happen or be the case.496 At the other end of the threshold is “speculation”. Speculation is based on conjecture rather than knowledge. Conjecture is an opinion or conclusion based on incomplete information. Speculation generally has no objective basis.497 Therefore, “might” is higher than speculation but lower than probable. The word “might” speaks to possibilities. Is the prospect of collecting inaccurate information, defeating the purpose, or prejudicing the use of the personal information within the realm of possibility or beyond it?498 Result means a consequence, effect, or outcome.499 Inaccurate information is incorrect, incomplete, or misleading information, or information which does not reflect the truth.500 Defeat the purpose means it prevents the purpose from being achieved; to thwart or frustrate.501 Prejudice the use in this context refers to detriment to the ability of the government institution to use the personal information for the purpose it was collected.502 Government institutions should use this provision in limited circumstances within programs, and the government institution should maintain documentation of when the provision has been used and the reasons for using it.503 494 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 902. 495 See SK OIPC Review Report 082-2019, 083-2019 at [72] Originates from Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1117. 496 See SK OIPC Review Report 082-2019, 083-2019 at [73]. 497 See SK OIPC Review Report 082-2019, 083-2019 at [71]. Originates from Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at pp. 1379 and 301. 498 R. v. Fulton, 2006 SKCA 115 (CanLII) at [21]. 499 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1221. 500 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p 250. 501 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 375. 502 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 149. This definition is also consistent with the definition for “prejudice” found in various sections in Part III of FOIP – see Guide to FOIP, Chapter 4 – “Exemptions from the Right of Access”. 503 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p 250.
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