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. 350 reviews, records are either authorized for disposal by the Provincial Archives or, if found to possess historical value, transferred to the Archives for permanent preservation.837 For more on the preservation of records see the Provincial Archives of Saskatchewan. IPC Findings In Investigation Report 101-2017, the Commissioner investigated a complaint involving the former Saskatchewan Transportation Company (STC). The complaint alleged that the Minister for STC responded to a citizen using what appeared to be a personal email account. The Commissioner offered advice in the form of best practices with regards to the use of personal email for government-related activities. The Commissioner noted that The Archives and Public Records Management Act defines ministerial records as “public records”. As such, these records needed to be retained, destroyed, or transferred to the Provincial Archives of Saskatchewan as per The Archives and Public Records Management Act. Using personal email for government-related activities runs contrary to this requirement as the records reside elsewhere (in a personal email account). Government should be taking steps to ensure that it is consistently preserving records in the name of good governance as well as for the responsible preservation of documents that could be subject to future access to information requests. Alberta IPC Investigation Report F2019-IR-02 In the Office of the Alberta Information and Privacy Commissioner (AB IPC) Investigation Report F2019-IR-02, the Commissioner determined that Alberta Justice and Solicitor General (JSG) did not preserve records responsive for two access to information requests. The Commissioner noted that when an applicant makes an access to information request, it triggers a duty on the government institution to preserve all potentially responsive records, including transitory records. The duty to preserve is fundamental to a government institution’s duty to assist applicants. The Commissioner found that JSG failed to ensure that responsive records were preserved which compromised the integrity of the access to information process and did not comply with government’s rules relating to the destruction of records. 837 Provincial Archives of Saskatchewan, Government of Saskatchewan Records Disposal System. Available at Services for Government | Provincial Archives of Saskatchewan (saskarchives.com). Accessed December 19, 2022.

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