Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 268 IPC Findings As of the issuing of this Chapter, the Commissioner has not considered this provision in a Report yet. This section will be updated accordingly when it is considered. SECTION 29.1: NOTIFICATION Notification 29.1 A government institution shall take all reasonable steps to notify an individual of an unauthorized use or disclosure of that individual’s personal information by the government institution if it is reasonable in the circumstances to believe that the incident creates a real risk of significant harm to the individual. Section 29.1 of FOIP places an obligation on a government institution to notify individuals when their personal information has been breached and a real risk of significant harm exists for the affected individual. Reasonable steps - whether something is reasonable is a subjective assessment which means fair, proper, just, moderate, suitable under the circumstances, rational, governed by reason, not immoderate or excessive, the standard which one must observe to avoid liability for negligence, including foreseeable harms.728 Notify means to inform affected individual(s). For this provision, notification can occur quickly by telephone or in-person so the individual(s) can take immediate steps to protect themselves (e.g., change passwords, contact financial institutions, etc.) but should be followed up with notification in writing. Even where section 29.1 of FOIP does not apply, unless there is a compelling reason not to, government institutions should always notify affected individuals of a privacy breach.729 Affected individuals are in the best position to determine how a privacy breach will affect them.730 728 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 December 15, 2022. 729 SK OIPC Investigation Report 088-2022 at [23]. 730 SK OIPC Investigation Report 370-2021 at [19].
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