Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 33 • The information, when combined with information otherwise available, could reasonably be expected to allow the individual to be identified.71 About means on the subject of or concerning.72 About an identifiable individual means the information is not just the subject of something but also relates to or concerns the subject.73 Identifiable means that it must be reasonable to expect that an individual may be identified if the information were disclosed.74 The information must reasonably be capable of identifying particular individuals because it either directly identifies a person or enables an accurate inference to be made as to their identity when combined with other available sources of information (data linking) or due to the context of the information in the record.75 FOIP uses the terms “person” and “individual” and each term has different meanings. “Person” is the broader term and means individual but also includes a corporation and their heirs, executors, administrators, or other legal representatives of a person.76 Individual means natural persons (human beings).77 Use of the word individual in this provision makes it clear that the protection provided relates only to a natural person or human being.78 71 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 44. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020. 72 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 4. 73 Canada (Information Commissioner) v. Canada (Transportation Accident Investigation and Safety Board), 2006 FCA 157 (CanLII), [2007] 1 FCR 203. Also see the Office of the Privacy Commissioner of Canada resource, PIPEDA Interpretation Bulletin: Personal Information, 2013, available at https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protectionand-electronic-documents-act-pipeda/pipeda-compliance-help/pipeda-interpretationbulletins/interpretations_02/. 74 ON IPC Order PO-1880, upheld on judicial review in Ontario (Attorney General) v. Pascoe, [2002] O.J. No. 4300 (C.A.). See also SK OIPC Review Report LA-2013-001 at [57]. 75 Originated and adapted from Office of the British Columbia Information and Privacy Commissioner (BC IPC) Order P14-03 at [16]. 76 The Legislation Act, SS 2019, c L-10.2 at s. 2-29. 77 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 924, 1238 and 1378. 78 ON IPC Order 16 at p. 19. See also Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 44. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020.
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