Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 61 About means on the subject of or concerning.155 About an identifiable individual means the information is not just the subject of something but also relates to or concerns the subject.156 Identifiable means that it must be reasonable to expect that an individual may be identified if the information were disclosed.157 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.158 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”. Individual means natural persons (human beings).159 Use of the word individual in this provision makes it clear that the protection provided relates only to a natural person or human being.160 Therefore, a business or corporation would not constitute an individual for purposes of subsection 23(1) of LA FOIP. Person is the broader term and means individual but also includes a corporation and their heirs, executors, administrators, or other legal representatives of a person.161 Personal in nature means of, affecting or belonging to a particular person; of or concerning a person’s private rather than professional life.162 155 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 4, (Oxford University Press). 156 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/. 157 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]. 158 Originated and adapted from BC IPC Order P14-03 at [16]. 159 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 924, 1238 and 1378. 160 ON IPC Order 16 at p. 19. See also 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. 161 The Legislation Act, SS 2019, c L-10.2 at s. 2-29. 162 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1065. This definition was also relied on in SK OIPC Review Report 082-2019, 083-2019 at [94].
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