Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 236 Physical health refers to the well-being of an individual’s physical body.672 Determination of the effect of a release of information on an individual’s physical health must consider the current or normal state of health of persons who may be affected by the release of information, as well as the decline in health that is expected to occur if the information is disclosed to the applicant. It may be helpful for the head to obtain the assistance of an expert (e.g., a physician) when making this determination.673 Physical safety means to be protected from any physical injury or impairment to the human body.674 Mental health means the condition of a person in respect of the functioning of the mind.675 It means the ability of a person’s mind to function in its normal state. Determination of the effect of a release of information on a person’s mental health must, where practicable, be based on a subjective evaluation made on a case-by-case basis. It may be helpful for the head to obtain the assistance of an expert (e.g., a psychiatrist) when making this determination.676 The decision to disclose must be made on a case-by-case basis, and the decision must be made carefully and sensitively. But privacy laws do not stand in the way of a government institution disclosing personal information where necessary to protect an individual or the public. In the words of the Ontario and British Columbia Information and Privacy Commissioners, sometimes “life trumps privacy, and our laws reflect that reality”.677 672 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 137. 673 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. 674 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 861. 675 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 1220. 676 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. 677 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-182. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. Quote of Commissioner also from Manitoba resource but originated from Practice Tools for Exercising Discretion: Emergency Disclosure of Personal Information by Universities, Colleges and other Educational Institutions, October 2008, page 1. This joint paper of the Ontario and B.C. IPC’s and can be found on the ON IPC website at: 1464 (oipc.bc.ca).
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