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. 38 In Review Reports LA-2014-002, 156-2015 and Investigation Report 059-2018, the Commissioner found that signatures provided in a work-related capacity did not constitute personal information. However, a signature may be personal in nature and qualify as personal information if made outside of a professional context. In Investigation Report 070-2018, the Commissioner found that the name of a landlord, the landlord’s advertisement seeking a new tenant and the fact that a previous tenant had vacated was not personal information. This finding was because the landlord was functioning in a professional or business capacity and the advertisement did not contain anyone’s personal information. Further, the landlord’s property being vacated was not the personal information of the landlord but rather information about the rental property. Subsection 24(1)(a) Interpretation 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: (a) information that relates to the race, creed, religion, colour, sex, sexual orientation, family status or marital status, disability, age, nationality, ancestry or place of origin of the individual; Subsection 24(1)(a) of FOIP defines certain information as personal information. This includes: Race means culturally or socially constructed divisions of humankind, based on distinct characteristics that can be based on physicality, culture, history, beliefs and practices, language, origin, etc.99 It has also been defined as each of the major divisions of humankind, having distinct physical characteristics, racial origin, or distinction.100 An example of race is brown, white, or black skin (all from various parts of the world). Racial origin means the identification of the common descent that connects a group of persons. The Mongolian race and the Caucasian race are examples. An example in a record would be a letter on file of a 99 The 519, Education and Training, Glossary of Terms, available at https://www.the519.org/educationtraining/glossary#. Accessed April 22, 2020. 100 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 1178, (Oxford University Press).

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