Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 23 2. Was it placed there for archival purposes? Archive means collected and preserved public, historical, or institutional papers and records. An archive can also be a place where public, historical or institutional records are systematically preserved.48 3. Is the record now located with the local authority? One factor that must be met is the record(s) must have been physically transferred to the custody of the local authority. A written agreement can be evidence that ownership of the record and the physical record have been transferred to the local authority. 4. If there is no agreement in place, is there correspondence that documents the transfer of the record(s) to the custody of the local authority for archival purposes? For some earlier private record donations, paper trails may exist but no formal agreement. The key is to document that the record is a private record from an individual or organization and that the local authority has ownership of the record in its archives.49 Subsection 23(1.1) Interpretation 23(1.1) On and after the coming into force of subsections 4(3) and (6) of The Health Information Protection Act, with respect to a local authority that is a trustee as defined in that Act, “personal information” does not include information that constitutes personal health information as defined in that Act. If a local authority is also a trustee under The Health Information Protection Act (HIPA), LA FOIP would not apply to information that qualifies as personal health information under HIPA. The local authority should apply HIPA to that personal health information instead of LA FOIP. 48 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 132. 49 Test established with assistance from the Provincial Archives of Saskatchewan on April 30, 2018, and modified from SK OIPC Review Report LA-2010-002 at [135] to [153]. Modified here to fit LA FOIP.
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