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. 43 example, an individual’s high school grade point average, individual assignment marks and/or course marks.120 To qualify as employment or educational history, the information must contain some significant part of the history of the person’s employment or education. For example, a student’s course enrolment and academic performance. An example of what would not be significant enough includes records that simply list student names and generic attendance information not associated to any particular student and reveals only the fact that a student attended a certain school during a brief point in time.121 Criminal history includes an individual’s convictions under criminal laws such as the Criminal Code (Canada) and findings of guilt under the Youth Criminal Justice Act (Canada) or the former Young Offenders Act (Canada). Other offences include “Regulatory offences” such as: • Offences under other federal statutes or regulations (for example, the Immigration and Refugee Protection Act (Canada)); • Offences under provincial statutes or regulations (for example, The Traffic Safety Act (Saskatchewan); or • Offences under municipal by-laws.122 Employment history is the type of information normally found in a personnel file such as performance reviews, evaluations, disciplinary actions taken, reasons for leaving a job, information in a résumé or leave transactions.123 120 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. See also Government of Newfoundland and Labrador ATIPP Office, Access to Information Policy and Procedures Manual, October 2017 at p. 100 and Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 32. Adopted in SK OIPC Investigation Report LA-2013-003 at [25]. 121 ON IPC Order MO-3900 at [46] to [48]. 122 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. 123 Office of the Information and Privacy Commissioner of Alberta (AB IPC) Order F2003-005 at [73]. Similar view taken by ON IPC in Order M-615 at p. 4 and Office of the Prince Edward Island Information and Privacy Commissioner (PEI IPC) Order No. 07-001 at p. 17. First adopted by SK OIPC in Review Report LA-2009-002/H2009-001 at [170] to [174].

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