Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 35 • In what context do the names of individuals appear? Is it a context that is inherently personal, or is it one such as a business, professional or government context that is removed from the personal sphere? • Is there something about the information at issue that, if disclosed, would reveal something of a personal nature about the individual? Even if information appears in a business context, would its disclosure reveal something that is inherently personal in nature?83 Recorded in any form means that the personal information must be on a record for Part IV of FOIP to be engaged. If it is not in recorded form, it does not qualify as personal information for purposes of FOIP.84 Where a government institution verbally discloses personal information, if the information was recorded somewhere, the disclosure rules of FOIP still apply.85 In other words, if the information exists or existed at one time in recorded format, FOIP will apply. To determine otherwise would facilitate the circumvention of the non-disclosure rules contained in Part IV and would be inconsistent with the purposes of the Act.86 Record means a record of information in any form and includes information that is written, photographed, recorded, or stored in any manner, but does not include computer programs and other mechanisms that produce records.87 Subjective information is information based on or influenced by personal feelings, tastes, or opinions.88 Subjective information about an individual may still be personal information even if it is not necessarily accurate.89 83 The ON IPC utilizes this approach. See ON IPC Orders PO-3180 at p. 8, PO-2225 at p. 7, PO-3148 at [80], MO-2342 at p. 4 and PO-2934 at p. 6. 84 SK OIPC Investigation Report 127-2017 at [9] and [11]. Unlike FOIP, The Health Information Protection Act (HIPA) does not carry the requirement that information must be in recorded form. 85 SK OIPC Investigation Report 105-2014 at [46]. 86 BC IPC Order F14-26 at [16]. Similar position taken by ON IPC in Privacy Complaint No. MC-0200081 at p. 2. 87 The Freedom of Information and Protection of Privacy Act, S.S. 19901-91, c. F-22.01 at subsection 2(1)(i). 88 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 1427, (Oxford University Press). 89 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/thepersonal-information-protection-and-electronic-documents-act-pipeda/pipeda-compliancehelp/pipeda-interpretation-bulletins/interpretations_02/.
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