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. 66 personal information pursuant to subsection 24(1)(k)(i) of FOIP. The Complainant’s name along with other information of a personal nature (diagnoses, tests and treatments) were contained in the record. In Review Report F-2014-001, the Commissioner found that subsection 24(1)(k)(i) of FOIP applied to an employee’s name in a record because the name appeared along with a reference to the employee attending a personal family function. In addition, the Commissioner found the name of an individual who was a member of the public was personal information pursuant to subsection 24(1)(k)(i) of FOIP because the name appeared along with a personal home email address. Subsection 24(1)(k)(ii) 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: … (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.186 A list of names of unsuccessful applicants for a job competition constitutes personal information pursuant to subsection 24(1)(k)(ii) of FOIP. Disclosure of the names would reveal the fact that certain individuals applied for a job and were unsuccessful.187 186 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]. 187 SK OIPC Review Report 112-2018 at [47]. See also ON IPC Order MO-3355 at [11].

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