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. 53 correspondence contains the views or opinions of the individual with respect to another individual; Subsection 24(1)(g) of FOIP is intended to protect personal information that appears in correspondence sent to local authorities by individuals. In addition, it protects replies to the individuals’ correspondence if those replies reveal the personal information in the original correspondence sent by the individual that of a private or confidential nature. The only exception is if the information is views or opinions about another individual which should then be considered under subsection 24(1)(h) of FOIP. The following three questions can be asked to help determine if information is personal information pursuant to subsection 24(1)(g) of FOIP: 1. Is the information correspondence sent to a government institution by an individual? Correspondence is letters sent or received.147 In terms of this provision, the information must be correspondence “sent” to a government institution or the replies from the government institution. Individual means natural persons (human beings).148 Use of the word individual in this provision makes it clear that the protection provided relates only to a natural person or human being.149 This provision requires that an ‘individual’ send the correspondence in question in a personal capacity, as opposed to in an official government or business capacity.150 147 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 320, (Oxford University Press). 148 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 924, 1238 and 1378. 149 ON IPC Order 16 at p. 19. See also 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. 150 ON IPC Order MO-3332 at [18].

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