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. 46 driver’s licence number133, passport number and client numbers assigned by a government institution or bank.134 Employee number when linked with a name was found to be personal information.135 Health services number is not personal information pursuant to this provision. This is because it is defined as “personal health information” pursuant to The Health Information Protection Act (HIPA) under subsection 2(m)(v).136 See also subsection 24(1.1) of FOIP which also provides that personal information does not include personal health information as defined in HIPA. IPC Findings In Investigation Reports F-2005-001 and LA-2012-002, the Commissioner found that employee numbers qualified as an “identifying number” and constituted personal information pursuant to subsection 24(1)(d) of FOIP. In Investigation Report F-2012-004, the Commissioner found that social insurance numbers qualified as an “identifying number” and constituted personal information pursuant to subsection 24(1)(d) of FOIP. 133 History of SK OIPC approach: In Review Reports F-2013-007 at [125], 031-2015 at [44], 129-2015 at [33], 010-2016 at [25], 244-2017 at [17] and Investigation Report F-2012-001 at [6] and footnote [2], the Commissioner found a “driver’s licence number” qualified as personal information pursuant to subsection 24(1)(d) of FOIP. In Review Reports 063-2017, 146-2017 and Investigation Report 096-2018, the Commissioner found that a “driver’s licence number” was not personal information because of subsection 24(2)(e) of FOIP. In the 2018 decision, Shook Legal, Ltd v Saskatchewan (Government Insurance), 2018 SKKB 238 (CanLII), it was found that the “details of a licence” as per subsection 24(2)(e) included name, address, description of the vehicle to be licenced and vehicle registration number (VIN) (see paragraph [34] of the decision). This is supported by the 1993 Saskatchewan Court of Appeal decision, General Motors Acceptance Corp. of Canada v. Saskatchewan Government Insurance, 1993 CanLII 9128 (SK CA) which stated ““Details of a licence or permit” does not contemplate release of a core of personal data that one provides in confidence.” 134 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 52. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020. 135 See SK OIPC F-2005-001 at [22] and LA-2012-002 at [29] to [30] and [106]. 136 The Health Information Protection Act, SS 1999, c H-0.021 at s. 2(m)(v) and s. 24(1.1) of FOIP.

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