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. 87 Subsection 24(3) Interpretation 24(3) Notwithstanding clauses 2(e) and (f), “personal information” includes information that: (a) is supplied by an individual to support an application for a discretionary benefit; and (b) is personal information within the meaning of subsection (1). To apply, both (a) and (b) must apply to the circumstances. This is evidenced by the use of “and” between the provisions. The following two-part test can be applied: 1. Is the information “personal information” within the meaning of subsection 24(1)? To qualify, the information must first be personal information.260 Personal information is only that of an identifiable individual. Companies do not qualify as an “identifiable individual”.261 See Section 24: Definition of Personal Information, earlier in this Chapter for assistance with this question. 2. Did the individual supply the personal information to support an application for a discretionary benefit? Supplied means provided or furnished.262 Personal information may qualify as “supplied” if it was directly supplied to a government institution by the individual, or where its disclosure would reveal or permit the drawing of accurate inferences with respect to the personal information supplied by the individual.263 260 SK OIPC Review Report 130-2015 at [25]. 261 SK OIPC Review Report 130-2015 at [25]. 262 British Columbia Government Services, FOIPPA Policy Definitions at Accessed August 21, 2019. 263 Adapted from criteria utilized for subsection 19(1)(b) of FOIP. See SK OIPC Review Reports F-2005003 at [17], F-2006-002 at [40].