Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 137 other relevant information, such as other communications with the local authority, can also be attached. The IPC will also accept requests that are not on Form B provided the request is in writing and contains the same elements of information as Form B. Privacy in terms of ‘information privacy’ means the right of the individual to determine when, how and to what extent he or she will share information about him/herself with others. Privacy captures both security and confidentiality of personal information.229 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.230 An unauthorized collection, use or disclosure is one that does not comply with Part IV of LA FOIP. Part IV of LA FOIP contains the privacy provisions related to a local authority’s handling of personal information of individuals. The IPC is the office of last resort. For the Commissioner to consider a request for a privacy breach investigation, the complainant should take the following steps first: 1. The individual has made a written complaint to the local authority. Local authorities must have the opportunity to address an individual’s privacy concerns first. It is only after this has occurred, and the individual is still not satisfied, that the IPC can investigate. 2. The local authority has responded (provide 30 days for a response). The IPC considers it reasonable to allow a local authority 30 days to respond to a privacy complaint. If an individual does not receive a response, it should follow up with the local authority. 3. Once a response is received from the local authority, if the individual is still not satisfied with how their concerns were handled, the individual can request the Commissioner investigate. The Commissioner cannot levy fines. The Commissioner’s objective in an investigation is to assist local authorities with ensuring its policies and practices are compliant with LA FOIP. Outcomes of investigations where a privacy breach is found to have occurred generally, result in recommendations that policies and/or procedures be amended and/or individuals receive apologies for the breach. 229 SK OIPC 2012-2013 Annual Report, at Appendix 3. 230 SK OIPC 2012-2013 Annual Report, at Appendix 3.
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