Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 63 Subsection 24(1)(k) 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: … (k) the name of the individual where: (i) it appears with other personal information that relates to the individual; or (ii) the disclosure of the name itself would reveal personal information about the individual. A name alone is not personal information unless release of the name itself would reveal personal information about the individual.181 Subsection 24(1)(k) of FOIP deals with the names of individuals and when they constitute personal information. Subsection 24(1)(k) of FOIP provides two types of situations where the name of an individual could constitute personal information: 1. The name is personal information when it appears with other personal information. For example, several protestors are arrested during a demonstration. The police service has a record titled, Demonstrators Arrested. It contains a list of names of demonstrators arrested. Even though the record only contains a list of names, by appearing on this list, it reveals that the individuals were arrested which is personal information (criminal history – subsection 24(1)(b) of FOIP). In such a context, the name appears with other personal information (i.e., the title of the record). 2. Disclosing the name alone would reveal personal information about the individual. For example, several protestors are arrested during a demonstration. The police service has a record that lists the names of demonstrators arrested, but nothing more is revealed on this record. The media has reported that several demonstrators were arrested so the public is 181 See subsection 24(1)(k)(ii) of FOIP. First cited in SK OIPC Review Report 2003-014 at [26]. Later referenced in SK OIPC Review Report F-2005-001 at [13]. See also SK OIPC Review Reports F-2012-006 at [147], F-2014-005 at [10], 195-2015 and 196-2015 at [17] and 112-2018 at [46]. See also General Motors Acceptance Corp. of Canada v. Saskatchewan Government Insurance, 1993 CanLII 9128 (SK CA) at [14] and Griffiths v. Nova Scotia (Education), 2007 NSSC 178 (CanLII) at [24].
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