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. 1 OVERVIEW The Freedom of Information and Protection of Privacy Act (FOIP) provides a right of access to all records under the possession or control of government institutions, subject to limited and specific exemptions. Some of the records to which FOIP applies contain personal information, such as the employment history, family status or sexual orientation of an individual. Applicants often ask government institutions for access to records that contain the personal information of someone other than the applicant. FOIP establishes several obligations on government institutions in terms of protecting personal information that the government institution collects, uses, or discloses. This Chapter will assist with explaining those obligations and how to handle situations where an individual’s privacy may have been breached. What follows is non-binding guidance. Every matter should be considered on a case-by-case basis. This guidance is not intended to be an exhaustive authority on the interpretation of these provisions. Government institutions may wish to seek legal advice. Government institutions should keep section 61 of FOIP in mind. Section 61 places the burden of proof for establishing that access to a record may or must be refused on the government institution. For more on the burden of proof, see Chapter 2, Administration of FOIP. This is a guide. The tests, criteria and interpretations established in this Chapter reflect the precedents set by the current and/or former Information and Privacy Commissioners in Saskatchewan through the issuing of Review Reports. Court decisions from Saskatchewan affecting The Freedom of Information and Protection of Privacy Act (FOIP) will be followed. Where this office has not previously considered a section of FOIP, the Commissioner looked to other jurisdictions for guidance. This includes other Information and Privacy Commissioners’ Orders, Reports and/or other relevant resources. In addition, court decisions from across the country are relied upon where appropriate. This Chapter will be updated regularly to reflect any changes in precedent. This office will update the footer to reflect the last update. Using the electronic version directly from our website will ensure you are always using the most current version.