Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 50 Subsection 24(1)(f) 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: … (f) the personal opinions or views of the individual except where they are about another individual; The personal views or opinions of an individual are that individual’s personal information unless the views or opinions are about someone else. Opinions are views or judgements not necessarily based on fact or knowledge.143 Views are particular ways of regarding something; an attitude or opinion.144 There is often confusion between subsections 24(1)(f), 24(1)(h) and 24(2)(c) of FOIP. All three provisions deal with views and opinions of individuals. The following examples will help clarify the three provisions: 24(1)(f) - the views or opinions expressed by an individual are the individual’s personal information. For example, an individual writes, “I am a bad student” or “I think exercise is overrated”. It is the individual’s personal views or opinions about something and is therefore, the individual’s personal information. If the views or opinions are about someone else – subsection 24(1)(h) of FOIP applies. 24(1)(h) - the views or opinions expressed by an individual about another individual are the personal information of the individual they are about. For example, an individual writes, “Smith is a bad student” or “Smith exercises but is still out of shape”. The individual’s opinion is about Smith so the opinion is Smith’s personal information. 24(2)(c) – the views or opinions expressed by employees of a government institution, given in the course of employment, are not the personal information of the employee. For example, an employee writes, “I think we should proceed with this project” or “I think we are on the right course”. An employee’s views or opinions offered in terms of 143 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 999. See also SK OIPC Review Reports F-2006-004 at [43], LA-2013-003 at [26] and 139-2017 at [91]. 144 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1598.
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