Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 71 • Part VI (Review and Appeal) • Part VII (Powers of the Commissioner) • Part VIII (General)194 The amendment (subsection 24(1.2) of FOIP) means that personal health information in the possession or control of the WCB should be treated like personal information and all Parts of FOIP will apply. FOIP will apply to those areas of HIPA addressed by Parts II, IV and V of HIPA. In other words, where HIPA doesn’t apply to the personal health information due to subsection 4(4)(h), FOIP will apply.195 IPC Findings As of the date of this Chapter, no reports have been issued on this new provision. Subsection 24(2)(a) Interpretation 24(2) “Personal information” does not include information that discloses: (a) the classification, salary, discretionary benefits or employment responsibilities of an individual who is or was an officer or employee of a government institution or a member of the staff of a member of the Executive Council; The purpose of subsection 24(2)(a) of FOIP is to allow the release of information about employment benefits and responsibilities of public servants, allowing a degree of transparency in relation to the compensation and benefits provided.196 The definition of personal information does not include certain employment related information about officers or employees of a government institution or a member of the staff 194 SK OIPC Investigation Report F-2007-001 at [27]. 195 SK OIPC Investigation Report F-2007-001 at [28]. 196 Adapted from AB IPC Orders 98-014 at [12] and F2003-002 at [23]. Alberta’s subsection 17(2)(e) Freedom of Information and Protection of Privacy Act RSA 2000, c-F-25, is somewhat similar to Saskatchewan’s subsection 24(2)(a) of FOIP. One difference is that is considers what is an unreasonable invasion of a person’s privacy. In Alberta’s Act, disclosing the classification, salary range, discretionary benefits or employment responsibilities as an officer, employee, or member of a public body or as a member of the staff of a member of the Executive Council is considered to not be an unreasonable invasion of privacy.
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