Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 310 The IPC refers to these reviews as “privacy breach investigations” and the individuals requesting them as “complainants”. Subsection 49(1)(a.4) of FOIP refers to a “prescribed form” that should be submitted to the Commissioner. Subsection 2(1)(h) of FOIP provides: 2(1) In this Act: … (h) “prescribed” means prescribed in the regulations; Individuals who wish to request an investigation by the Commissioner because they are not satisfied with how a government institution handled their privacy breach complaint, can do so using Form B found in the Appendix, Part II of The Freedom of Information and Protection of Privacy Regulations. The form should be completed and provided to the IPC along with a copy of the government institution’s response to the individual’s privacy complaint. Any other relevant information, such as other communications with the government institution, can also be attached. The IPC will also accept requests that are not on Form B provided the request is in writing and contains the same elements of information as Form B. Privacy in terms of ‘information privacy’ means the right of the individual to determine when, how and to what extent he or she will share information about him/herself with others. Privacy captures both security and confidentiality of personal information.803 A privacy breach happens when there is an unauthorized collection, use or disclosure of personal information, regardless of whether the personal information ends up in a third party’s possession.804 An unauthorized collection, use or disclosure is one that does not comply with Part IV of FOIP. Part IV of FOIP contains the privacy provisions related to a government institution’s handling of personal information of individuals. The IPC is the office of last resort. For the Commissioner to consider a request for a privacy breach investigation, the complainant should take the following steps first: 803 SK OIPC 2012-2013 Annual Report, at Appendix 3. 804 SK OIPC 2012-2013 Annual Report, at Appendix 3.
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