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. 247 IPC Findings The Commissioner considered the equivalent subsection in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) in Investigation Report 092-2015 to 0952015. The investigation involved the collection and disclosure of a care aide’s personal information. The Commissioner found that there was a public interest in the release of the information and that the public interest outweighed any invasion of privacy. The Commissioner has not considered subsection 29(2)(o)(i) of FOIP in a privacy breach matter. However, the provision has been considered in Review Reports. The following are the summaries of those reports: In Review Report 173-2018, the Commissioner considered a denial of access by Meewasin Valley Authority (MVA). An applicant was denied access to the amount of the severance package for an individual from MVA. The Commissioner found that the information qualified as the employee’s personal information pursuant to subsection 24(1)(b) of FOIP. However, the Commissioner advised MVA that it had the discretionary ability to disclose the personal information pursuant to subsections 29(2)(o)(i) of FOIP and 16(g)(ii) of The Freedom of Information and Protection of Privacy Regulations. The Commissioner recommended MVA consider subsection 29(2)(o) of FOIP. In Review Report 082-2019, 083-2019, the Commissioner considered a denial of access by the Ministry of Health (Health). An applicant was denied access to the names of physicians, their specialties and total payment amounts they received for 2018 (top 100 physician billers and all physicians that billed the medical system more than $1 million). The Commissioner found that none of the exemptions applied by Health to the information qualified. The Commissioner recommended Health consider releasing the information under subsection 29(2)(o) of FOIP. In Review Report 342-2019, the Commissioner considered a denial of access by the Ministry of Health (Health). An applicant was denied access to the names of the top 10 physicians, their specialties, total payment amounts received for 2018 and the name of the city where the physician’s practice was located. The Commissioner found that none of the exemptions applied by Health to the information qualified. The Commissioner recommended Health consider releasing the information under subsection 29(2)(o) of FOIP. The Commissioner considered the equivalent subsection in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) in Review Report 035-2019. The City of Saskatoon denied access to lump sum payment amounts paid to its employees. The

RkJQdWJsaXNoZXIy MTgwMjYzOA==