Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 284 “personal representative” for purposes of subsection 59(a) of FOIP. For the personal representative to access the personal information, it must relate to the administration of the estate. The Commissioner found that the information related to the administration of her son’s estate because the information appeared to relate to the adjudication of her son’s auto claim. The Commissioner recommended the personal information of the applicant’s son be released to the applicant. Subsection 30(2) Personal information of deceased individual 30(2) Where, in the opinion of the head, disclosure of the personal information of a deceased individual to the individual's next of kin would not constitute an unreasonable invasion of privacy, the head may disclose that personal information before 25 years have elapsed after the individual's death. Subsection 30(2) of FOIP gives the head discretion to disclose the personal information of a deceased individual before 25 years after death to the individual’s next of kin where it is deemed not to constitute an unreasonable invasion of privacy. Next of kin is a person’s nearest relative by blood or marriage which could include a cousin, grandparent, niece, or nephew, who has close ties to the individual who is deceased. For example: • Spouse, parent, child. • Cousins brought up together as siblings. • A grandchild brought up by grandparents.745 Unreasonable means going beyond the limits of what is reasonable or equitable.746 745 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. 746 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.
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