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. 298 2. The right to request a notation be made on the record that a correction was requested but not made. Subsection 32(1)(b) of FOIP gives individual’s the right to request a notation be made on the record indicating that a correction was requested but not made. Notation is a note made on the individual’s record by the personal information at issue or in an electronic record indicating that the individual has requested correction of the personal information. A notation should also include the date, who requested the correction, what the requested correction was and a signature or name of the decision-maker.783 3. To be advised of the reasons when a request for correction has been disregarded under section 45.1 of FOIP Individuals have a right to make a request for correction of their personal information. However, there can be times when that right is abused. Section 45.1 of FOIP provides for the ability to address those situations where the right to make a correction request is being abused. To disregard a request for correction, a government institution must first make an application to the Commissioner requesting authorization to do so. The Commissioner will either grant or refuse the request. If the request to disregard is granted by the Commissioner, the government institution can treat the correction request like it never happened. However, the individual still has a right to be notified that the correction request is being disregarded pursuant to subsection 32(1)(c) of FOIP. Subsection 32(1)(c) is a relatively new provision that came into force January 1, 2018, following the amendments to FOIP. Section 45.1 of FOIP also came into force at the same time. 783 SK OIPC Guide to HIPA at p. 156. Available at IPC Guide to HIPA (oipc.sk.ca). Originated from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 255.

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