Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 54 exhaustive. This means there can be other types of information that could qualify as personal information. So more broadly, to constitute personal information, two elements must be present: i. The information must be about an identifiable individual; and ii. The information must be personal in nature.129 Information is about an identifiable individual if: • The individual can be identified from the information (e.g., name, where they live); or • The information, when combined with information otherwise available, could reasonably be expected to allow the individual to be identified.130 About means on the subject of or concerning.131 About an identifiable individual means the information is not just the subject of something but also relates to or concerns the subject.132 Identifiable means that it must be reasonable to expect that an individual may be identified if the information were disclosed.133 The information must reasonably be capable of identifying particular individuals because it either directly identifies a person or enables an accurate inference to be made as to their identity when combined with other available sources of information (data linking) or due to the context of the information in the record.134 LA FOIP uses the words “person” and “individual” in various sections of the Act. Each word has different meanings. Subsection 23(1) of LA FOIP uses “individual”. 129 SK OIPC Review Report F-2010-001 at [118] to [128]. 130 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 44. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020. 131 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 4, (Oxford University Press). 132 Canada (Information Commissioner) v. Canada (Transportation Accident Investigation and Safety Board), 2006 FCA 157 (CanLII), [2007] 1 FCR 203. Also see the Office of the Privacy Commissioner of Canada resource, PIPEDA Interpretation Bulletin: Personal Information, 2013, available at https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protectionand-electronic-documents-act-pipeda/pipeda-compliance-help/pipeda-interpretationbulletins/interpretations_02/. 133 ON IPC Order PO-1880, upheld on judicial review in Ontario (Attorney General) v. Pascoe, [2002] O.J. No. 4300 (C.A.). See also SK OIPC Review Report LA-2013-001 at [57]. 134 Originated and adapted from BC IPC Order P14-03 at [16].
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