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. 311 1. The individual has made a written complaint to the government institution. Government institutions must have the opportunity to address an individual’s privacy concerns first. It is only after this has occurred, and the individual is still not satisfied, that the IPC can investigate. 2. The government institution has responded (provide 30 days for a response). The IPC considers it reasonable to allow a government institution 30 days to respond to a privacy complaint. If an individual does not receive a response, it should follow up with the government institution. 3. Once a response is received from the government institution, if the individual is still not satisfied with how their concerns were handled, the individual can request the Commissioner investigate. The Commissioner cannot levy fines. The Commissioner’s objective in an investigation is to assist government institutions with ensuring its policies and practices are compliant with FOIP. Outcomes of investigations where a privacy breach is found to have occurred generally, result in recommendations that policies and/or procedures be amended and/or individuals receive apologies for the breach. To proceed, the Commissioner needs sufficient information and evidence that a breach of privacy may have occurred. When making the complaint, the following should be provided to the IPC: 1. A written complaint to the Commissioner: a. include details of the alleged breach; and b. attach any evidence that supports the complaint. 2. A copy of the response from the government institution. For more on the role and authorities of the Commissioner see, Guide to FOIP, Chapter 2: “Administration of FOIP”, Information and Privacy Commissioner – Roles & Responsibilities. For more on the IPC process for an investigation, see The Rules of Procedure.

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