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. 54 About means on the subject of or concerning.151 About an identifiable individual means the information is not just the subject of something but also relates to or concerns the subject.152 2. Is the information implicitly or explicitly of a private or confidential nature? If the information is associated with the individual in their professional capacity, the information is not considered to be “about” the individual for purposes of this provision. The provision requires that an ‘individual’ send the correspondence in question in a personal capacity, as opposed to in an official government or business capacity.153 The terms “implicitly” and “explicitly” as they relate to confidentiality are found in other provisions of FOIP (sections 13, 19 and 31). The definitions below are consistent with Chapter 4, Exemptions from the Right of Access, sections 13, 19 and 31. Implicitly means that the confidentiality is understood even though there is no actual statement of confidentiality, agreement, or other physical evidence of the understanding that the information will be kept confidential.154 Factors that can be considered include: • What is the nature of the information • Would a reasonable person regard it as confidential • Would it ordinarily be kept confidential by a government institution or the individual that provided it155 151 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 4, (Oxford University Press). 152 Canada (Information Commissioner) v. Canada (Transportation Accident Investigation and Safety Board), 2006 FCA 157 (CanLII), [2007] 1 FCR 203. Also see the Office of the Privacy Commissioner of Canada resource, PIPEDA Interpretation Bulletin: Personal Information, 2013, available at 153 ON IPC Orders PO-3180 at [44] and MO-3332 at [18]. 154 SK OIPC Review Reports F-2006-002 at [57], F-2009-001 at [62], F-2012-001/LA-2012-001 at [29], LA-2013-002 at [49], F-2014-002 at [47]. 155 Adapted from SK OIPC resource, Guide to FOIP, Chapter 4, Exemptions from the Right of Access at sections 13, 19 and 31. Originated from BC IPC Orders 331-1999 at [8], F13-01 at [23], PEI IPC Order FI16-006 at [19] and Office of the Nova Scotia Information and Privacy Commissioner (NS IPC) Review Reports 17-03 at [34] and 16-09 at [44].