Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 25 or disclosed by the RPS in the carrying out of its work. That personal health information is treated as “personal information” under LA FOIP. It is important to clarify, that where an organization qualifies as both a local authority and a trustee, LA FOIP does not apply to personal health information in the possession or control of the local authority. Rather, HIPA applies to that information. Subsection 2(m) of HIPA defines personal health information as: 2(m) “personal health information” means, with respect to an individual, whether living or deceased: (i) information with respect to the physical or mental health of the individual; (ii) information with respect to any health service provided to the individual; (iii) information with respect to the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual; (iv) information that is collected: (A) in the course of providing health services to the individual; or (B) incidentally to the provision of health services to the individual; or (v) registration information;51 To summarize how to approach personal health information in the possession or control of a local authority: • If the local authority is also a trustee, HIPA should be relied on for the protection of personal health information. • If the local authority is not a trustee, LA FOIP should be relied on (only as provided for in LA FOIP) for the protection of personal health information. 51 The Health Information Protection Act, SS 1999, c H-0.021 at subsection 2(m).
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