Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 287 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 “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. In Review Report 269-2021, the Commissioner considered a denial of access by the Ministry of Social Services (Social Services). The applicant was seeking access to personal information of their deceased parent. Social Services denied access to the information citing The Child and Family Services Act. In the Report, the Commissioner pointed out subsection 30(2) of FOIP to Social Services and noted that the matter involved a deceased parent and the child of that parent who would find great personal benefit. SECTION 31: ACCESS TO PERSONAL INFORMATION Individual’s access to personal information 31(1) Subject to Part III and subsection (2), an individual whose personal information is contained in a record in the possession or under the control of a government institution has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record. (2) A head may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of determining the individual’s suitability, eligibility or qualifications for employment or for the awarding of government contracts and other benefits, where the information is provided explicitly or implicitly in confidence. This section can also be found in the Guide to FOIP, Chapter 3: “Access to Information” and Chapter 4: “Exemptions to the Right of Access”. It is reproduced here for ease of access and because it falls under Part IV of FOIP which deals with “personal information”.
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