Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 266 the history of the Province of Saskatchewan.722 The Provincial Archives of Saskatchewan is a “government institution” pursuant to subsection 2(1)(d)(ii) of FOIP and prescribed at Section 3 and Part I of the Appendix of The Freedom of Information and Protection of Privacy Regulations. Unreasonable means going beyond the limits of what is reasonable or equitable.723 Invasion of privacy is a term that means the privacy of a person has been invaded.724 Invasion means an encroachment upon the rights of another.725 An encroachment on the privacy rights under Part IV of FOIP which pertains to the collection, use, and/or disclosure of one’s personal information under FOIP. When considering this provision, the “invasion-of-privacy” test can assist to determine the level of privacy risk in the disclosure. It involves a detailed review of three interrelated risk factors that will help determine whether to rely on subsection 29(4) of FOIP. These three factors are the sensitivity of the information; the expectations of the individual and the probability and degree of injury. In addition, government institutions should consider factors unique to their own operational context, as applicable:726 (1) Sensitivity of the information • Consider whether the type of information is of a detailed (e.g., name and address) or highly personal (e.g., health information) nature. • Evaluate the context in which the information was collected and determine whether any contextual sensitivities apply to the information. For example, a list of public servants may not be considered particularly sensitive, but that same list, if collected to identify employees having a specific illness would be considered sensitive based on the context. 722 Provincial Archives of Saskatchewan, available at About the Archives | Provincial Archives of Saskatchewan (saskarchives.com). Accessed on December 16, 2022. 723 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-238. Available at Chapter (gov.mb.ca). Accessed December 16, 2022. 724 The Law Dictionary, Black’s Law Dictionary, Free 2nd ed. Available at INVASION OF PRIVACY Definition & Meaning - Black's Law Dictionary (thelawdictionary.org). 725 The Law Dictionary, Black’s Law Dictionary, Free 2nd ed. Available at INVASION Definition & Meaning - Black's Law Dictionary (thelawdictionary.org). 726 Adapted from Privacy Commissioner of Canada, Public Interest Disclosures by federal institutions under the Privacy Act, revised June 2022. Available at Public interest disclosures by federal institutions under the Privacy Act - Office of the Privacy Commissioner of Canada. Accessed December 15, 2022.
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