Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 22 Section 32 of LA FOIP enables the Commissioner to monitor compliance with LA FOIP and carry out investigations with respect to the handling of personal information in the possession or under the control of local authority. The Commissioner may: • Offer comment on the implications for privacy protection of proposed programs of local authorities [s. 32(a) of LA FOIP]. • Make recommendations to local authorities: o to cease or modify a practice for collecting, using, or disclosing personal information that contravenes LA FOIP. o to destroy collections of personal information that are collected in contravention of LA FOIP [s. 32(b) of LA FOIP]. • Where appropriate, authorize a local authority to collect personal information in a manner other than directly from the individual to whom it relates [s. 32(c) of LA FOIP]. • Carry out investigations with respect to personal information in the possession or under the control of local authorities to ensure compliance with LA FOIP [s. 32(d) of LA FOIP]. A privacy breach happens when there is an unauthorized collection, use or disclosure of personal information, regardless of whether the personal information ends up in a third party’s possession.31 Generally, privacy breaches are investigated by the Commissioner in one of three ways: • A complaint is received from an individual. • A local authority proactively reports a privacy breach to the Commissioner. • A privacy matter comes to the attention of the Commissioner and the Commissioner initiates an investigation. For more on privacy, see the Guide to LA FOIP, Chapter 6, “Protection of Privacy”. For more on the Commissioner’s procedures during an investigation, see The Rules of Procedure. 31 SK OIPC Annual Report 2012-2013 at Appendix 3.
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