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. 32 (a) is supplied by an individual to support an application for a discretionary benefit; and (b) is personal information within the meaning of subsection (1). For the privacy provisions at Part IV of FOIP to be engaged, the information at issue must constitute “personal information”. Subsection 24(1) of FOIP starts with the following: 24(1) Subject to subsections (1.1) and (2), “personal information” means personal information about an identifiable individual that is recorded in any form, and includes: … The list of examples provided for at subsection 24(1) of FOIP is not meant to be exhaustive. This means there can be other types of information that could qualify as personal information. Including means that the list of information that follows is incomplete (non-exhaustive). The examples in the provision are the types of information that could be presumed to qualify as personal information.70 However, more broadly, to constitute personal information, two elements must be present: 1. The information must be about an identifiable individual; and 2. The information must be personal in nature. 1. Is the information about an identifiable individual? Information is about an identifiable individual if: • The individual can be identified from the information (e.g., name, where they live); or 70 British Columbia Government Services, FOIPPA Policy and Procedures Manual at Accessed June 26, 2019. Definition of “including” as included in SK OIPC Guide to FOIP, Chapter 4 – Exemptions from the Right of Access, for subsections 16(1) and 17(1)(g) of FOIP.