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. 214 of Information and Protection of Privacy Regulations (FOIP Regulations) points to the definition of a “local authority” found in subsection 2(f) of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). This provision uses some similar language and terms as found in subsections 15(1)(a.1) and 26(1)(c)(i) of FOIP. Definitions below have been drawn from guidance for these provisions in this Chapter and the Guide to FOIP, Chapter 4: “Exemptions from the Right of Access”. Purpose in this context means the purpose to be attained or the thing intended to be done.612 Related to should be given a plain but expansive meaning.613 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.614 “Related to” requires some connection between the personal information and a purpose related to detecting, investigating, or preventing an act or omission that might constitute a terrorist activity.615 Detection is the act of discovering or revealing something that is hidden or barely perceptible, especially to solve a crime.616 Investigation can include police, security or administrative investigations or a combination of these. Investigation has been defined, in general terms, as a systematic process of examination, inquiry and observation.617 612 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 613 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 614 Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. This case dealt specifically with an appeal regarding Ontario’s FOIP legislation. 615 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 616 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 543. 617 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146.

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