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. 191 Compiled means that the information was drawn from several sources or extracted, extrapolated, calculated or in some other way manipulated.552 Government institutions should still abide by the data minimization and need-to-know principles when disclosing personal information. Only disclose the least amount of personal information necessary to achieve the purpose. Further, only disclose to those that have a need-to-know the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. IPC Findings In Investigation Report F-2005-001, the Commissioner investigated a complaint involving the Automobile Injury Appeal Commission. The complaint alleged that the Commission was publishing on its website the full text of its decisions which included a great deal of personal information and personal health information. The Automobile Injury Appeal Commission asserted it had authority to do this under several provisions of FOIP including subsection 29(2)(a) of FOIP. The Commissioner considered whether the publication of the personal information to the world via the internet is the original purpose for which the information was collected. The Commissioner noted that the publication to the website was a “disclosure” rather than a “use” as subsection 29(2)(a) of FOIP contemplates. Further, the Commissioner noted that applicants would not reasonably expect that when they prosecute a claim at the Automobile Injury Appeal Commission, they are also exposing their personal lives and personal health information to the world. Therefore, the Commissioner found that the internet publication was not the purpose for the original collection of the personal information. As such, the Commissioner found subsection 29(2)(a) of FOIP did not provide authority to the Automobile Injury Appeal Commission to publish its full text decisions on its website. Along with several other recommendations, the Commissioner recommended that the identity of applicants be redacted or masked before publication to the website. In Investigation Report 072-2014, the Commissioner investigated a complaint involving Saskatchewan Telecommunications (SaskTel). The complaint alleged that SaskTel used the complainant’s personal information when it set up a pre-authorized payment account for the complainant’s daughter. This resulted in several unauthorized uses and disclosure of the complainant’s personal information. SaskTel asserted it had authority to disclose the 552 British Columbia Government Services, FOIPPA Policy Definitions at Accessed April 23, 2020.