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. 70 On November 15, 2019, section 12 of The Workers’ Compensation Amendment Act, 2019, SS 2019 was proclaimed which brought amendments to FOIP. Section 12 of The Workers’ Compensation Amendment Act states: CONSEQUENTIAL AMENDMENTS 12(1) The Freedom of Information and Protection of Privacy Act is amended in the manner set forth in this section. (2) Clause 23(3)(l) is repealed. (3) Subsection 24(1.1) is repealed and the following substituted: “(1.1) Subject to subsection (1.2), ‘personal information’ does not include information that constitutes personal health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. “(1.2) Personal health information in the possession or control of the Workers’ Compensation Board is personal information for the purposes of this Act”. The now repealed subsection 23(3)(l) of FOIP had previously provided that sections 171 to 171.2 of The Workers’ Compensation Act, 2013 (WCA) prevailed over FOIP. Normally, The Health Information Protection Act (HIPA) protects personal health information, not FOIP. Subsection 4(4)(h) of HIPA provides that personal health information obtained for purposes of the WCA is not subject to the following Parts of HIPA: • Part II (Rights of the Individual) • Part IV (Limits on Collection, Use and Disclosure of Personal Health Information by Trustees) • Part V (Access of Individuals to Personal Health Information)193 In the result, personal health information obtained for purposes of the WCA is only subject to the following remaining Parts of HIPA: • Part III (Duty of Trustee to Protect Personal Health Information) 193 SK OIPC Investigation Report F-2007-001 at [26].