Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 297 Subsection 32(1) of FOIP provides individuals with three rights when it comes to correction of their personal information in the possession or control of a government institution: 1. The right to request personal information about them be corrected when there is an error or omission. 2. The right to request a notation be made on the record that a correction was requested but not made. 3. To be advised of the reasons when a request for correction has been disregarded under section 45.1 of FOIP 1. The right to request personal information about them be corrected when there is an error or omission. Subsection 32(1)(a) of FOIP provides that an individual is entitled to request correction of personal information where they believe there is an error or omission in it. The onus is on the individual to demonstrate to the government institution what the error or omission is. A request for correction from an individual must, at a minimum: • Identify the personal information the individual believes is in error. That personal information must be the personal information of the individual and not of a third party. • The alleged error must be a factual error or omission. • The request must include some evidence to support the allegation of error or omission. Mere assertions will not suffice. • The proposed correction must be clearly stated and cannot be a substitution of opinion.782 The provision is not intended to function as an avenue of appeal, or redress, for an individual who is disappointed by a decision or disagrees with it. 782 Office of the Nova Scotia Information and Privacy Commissioner (NS IPC) Review Report FI-09-79 at [13]. See also SK OIPC Review Report 147-2018, 197-2018, 008-2019, 073-2019/Investigation Report 192-2018, 221-2018, 058-2019 at [80].

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