Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 283 Subsection 30(1) of FOIP provides that the personal information of a deceased individual cannot be disclosed until 25 years after the death of the individual. This provision puts a time limit on the protection of privacy after death. FOIP protects the privacy rights of an individual who has been dead less than 25 years, with certain exceptions. Once an individual has been dead 25 years or more, release of his or her personal information is permitted, and it is no longer subject to the privacy protections under FOIP. The provision is particularly important for permitting historical and genealogical research.742 When considering disclosure under this provision, government institutions should be confident in how long the individual has been deceased. If an applicant is requested access under FOIP to a deceased individual’s personal information, the applicant should be able to provide evidence, such as a death certificate, that an individual has been dead for 25 years or more.743 When considering the application of this provision, government institutions should also consider whether section 59 of FOIP (exercise of rights by other persons) has any application in the circumstances. In some instances, personal representatives may be exercising a right or power as it relates to the administration of the individual’s estate. Further, there may be written authorization from the individual prior to death (see subsection 59(e) of FOIP). For more on section 59, see Guide to FOIP, Chapter 3: “Access to Records”, Exercise of Rights by Authorized Representatives.744 IPC Findings In Review Report 098-2015, the Commissioner considered section 30 of FOIP. An applicant had requested records from Saskatchewan Government Insurance (SGI) related to a son’s auto claim file. The son was deceased. SGI responded to the applicant providing partial access to records and withholding others pursuant to several provisions in FOIP. Upon review, the Commissioner found that based on evidence provided by the applicant, the applicant was the duly appointed administrator of her son’s estate. As such, the applicant qualified as the 742 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 120. 743 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 120. 744 Also see section 59 (Exercise of rights by other persons) in FOIP.
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