Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 138 words, if the local authority keeps it, it should ensure it has authority to do so under section 24 of LA FOIP. If not, return it or safely destroy it. If a local authority does not have specific authority to collect unsolicited personal information and the information is not necessary for an operating program or activity of the local authority, it is not an authorized collection. The local authority should adopt a policy of either returning the unsolicited information or destroying it in accordance with a transitory records schedule.382 In some cases, a local authority might keep unsolicited personal information for a specified period before destroying it (e.g., unsolicited resumes). The local authority should keep the unsolicited personal information separate from other files so that it will not be improperly used or disclosed.383 IPC Findings In Investigation Report F-2012-002, the Commissioner investigated a complaint concerning the Saskatchewan Workers’ Compensation Board (WCB). The complaint concerned the disclosure of an individual’s personal information to a third party trucking company, specifically, that the individual had a claim with WCB. The Commissioner found that there was an unauthorized disclosure by the WCB to the third party trucking company when it confirmed the individual had an active WCB claim. The Commissioner also found that during the conversation between WCB and the trucking company, WCB collected personal information of the individual without proper authority to do so under section 25 of The Freedom of Information and Protection of Privacy Act (FOIP) – equivalent to subsection 24 of LA FOIP. 382 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 239. See also SK OIPC Investigation Report F-2012-002 at [60]. 383 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 240. See also SK OIPC Investigation Report F-2012-002 at [60].
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