Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 234 IPC Findings In Investigation Report 266-2017, the Commissioner investigated a complaint involving the Saskatchewan Workers’ Compensation Board (WCB). The complaint alleged that WCB disclosed the complainant’s personal information to a fellow WCB employee during a harassment investigation. WCB asserted it had authority to disclose the complainant’s personal information to the fellow employee pursuant to subsections 29(2)(a) and 29(2)(l)(iii) of FOIP. For subsection 29(2)(l)(iii) of FOIP, WCB asserted that the disclosure was for the purpose of the administration of personnel. This Commissioner found that the purpose for the disclosure was more for the management of personnel under subsection 29(2)(l)(i) than the administration of personnel. Nonetheless, the Commissioner was not persuaded that the specific data elements were required to be disclosed to the fellow employee pursuant to subsection 29(2)(l) of FOIP. The Commissioner stated that WCB should have severed or redacted the data elements at issue before providing the letters to the fellow employee. The Commissioner recommended that WCB expand its Respectful Workplace Policy to include complaints of harassment and to revise the policy to be specific about what personal information will be disclosed during a harassment investigation. In Investigation Report 034-2018, the Commissioner investigated a privacy complaint involving Saskatchewan Power Corporation (SaskPower). The complaint alleged that SaskPower was getting its employees to sign an Image Release form which gave consent to SaskPower to use and reproduce images, photographs, video recordings and/or voice recordings of its employees for an employee directory. Further, consent could not be revoked. The complainant expressed concern over the breadth of the wording of the consent form. SaskPower asserted that it could rely on subsection 28(b) of FOIP to use the photographs and pointed to subsection 29(2)(l) of FOIP as authority for the disclosure. The Commissioner found that the purpose for using the photographs did not fit within the definitions of management of personnel, administration of personnel or auditing. As such, he found that subsections 28(b) and 29(2)(l) of FOIP did not apply. In Investigation Report 262-2018, the Commissioner investigated a complaint involving Saskatchewan Liquor and Gaming Authority (SLGA). The complaint alleged that SLGA had informed the individual that their personal information had been breached but other disclosures had occurred that were authorized pursuant to subsections 29(2)(l)(i) and (iii) of FOIP. During the investigation, the Commissioner determined that the disclosures SLGA made of the complainant’s personal information occurred while managing the conduct of the complainant. The Commissioner found that the disclosure of the complainant’s personal information was for the purpose of administration of personnel as per subsection 29(2)(l)(iii) and not for the management of personnel as per subsection 29(2)(l)(i). The Commissioner
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