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. 67 When considering if a name alone reveals personal information about an individual, government institutions should consider the type of document the name appears in and what type of information is already in the public domain. For example, media stories, obituaries, and social media sites. IPC Findings In Review Report F-2013-007, the Commissioner found that if the name alone were released in that case it would be possible for the applicant to link the name with other details about the individual of a personal nature that had previously been released to the applicant. The applicant could piece the information together resulting in an identifiable individual. In Review Report F-2014-005, the Commissioner found that the name of victims in the records constituted personal information pursuant to subsection 24(1)(k)(ii) of FOIP. Release of the names alone would reveal the fact that the individuals were the victim of a teacher’s professional misconduct or incompetence due to the nature of the records and the information already released to the applicant. Subsection 24(1.1) Interpretation 24(1.1) Subject to subsection (1.2), “personal information” does not include information that constitutes personal health information as defined in The Health Information Protection Act. Subsection 24(1.1) of FOIP clarifies that FOIP does not apply to personal health information. The purpose of this provision is to ensure that two different laws do not apply to the same information at the same time.188 The practical effect of subsection 24(1.1) is that if personal health information is in the custody or control of a trustee and therefore subject to The Health Information Protection Act (HIPA), it cannot simultaneously be personal information subject to FOIP.189 The purpose of 188 SK OIPC Investigation Report F-2010-001 at [31]. 189 All government institutions are also trustees for purposes of HIPA. See s. 2(t)(i) of HIPA.