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. 68 the Legislative Assembly in enacting subsection 24(1.1) of FOIP was presumably to avoid duplication in legislative coverage.190 Government institutions should be aware that two acts could apply to the same records at the same time. For example, if a record contains both personal information and personal health information, FOIP and HIPA could both be engaged.191 There are two types of information protected by the three provincial privacy laws in Saskatchewan: 1. Personal information Personal information in the possession or control of government institutions is protected by FOIP. This Chapter deals exclusively with this type of personal information as defined under FOIP. The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) protects personal information in the possession or control of local authorities as they are defined at subsection 2(f) of LA FOIP. See our office’s resource, Guide to LA FOIP for assistance. 2. Personal health information Personal health information in the custody or control of trustees is protected by HIPA. For guidance on personal health information, see our office’s resource, Guide to HIPA. Subsection 2(m) of HIPA defines personal health information as: 2(m) “personal health information” means, with respect to an individual, whether living or deceased: (i) information with respect to the physical or mental health of the individual; (ii) information with respect to any health service provided to the individual; 190 SK OIPC Investigation Report F-2010-001 at [31]. 191 For an example of this, see SK OIPC Review Report F-2012-006 at [162] to [178]. The information would need to be separate pieces of information for the two Acts to apply.