Guide to LA FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 156 In most cases, the local authority using the information, will be the local authority that collected it. However, if the personal information has been collected for the purposes of delivering a common or integrated service, the local authority using the information may not be the local authority that originally collected it.443 See section 10.1 of The Local Authority Freedom of Information and Protection of Privacy Regulations for more on common or integrated services. Local authorities should still abide by the data minimization and need-to-know principles when using personal information. Only use the least amount of personal information necessary to achieve the purpose. Further, only share internally with those that have a needto-know the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. IPC Findings In Investigation Report 090-2017, the Commissioner investigated a privacy complaint involving the City of Saskatoon. The complainant alleged their privacy was breached when the City used a video recording from surveillance cameras to investigate whether the complainant, a bus driver, conducted himself appropriately during a shift. The Commissioner found that the City had authority under subsection 27(a) of LA FOIP to use the complainant’s personal information for the purpose of its investigation. In Investigation Report 234-2020, the Commissioner investigated a privacy complaint involving Chinook School Division No. 211. The complainant alleged that Chinook School Division was forwarding emails that she had been sending to the school division. The individuals receiving the emails were not on the consent form she had signed. The Commissioner found that subsection 27(a) of LA FOIP authorized the use of the Complainant’s daughter’s personal information in some instances, but not in all. The Commissioner made a number of recommendations including that Chinook School Division ensure its privacy policies and procedures address the need-to-know principle along with other recommendations. In Investigation Report 021-2018, the Commissioner investigated a privacy complaint involving the City of Regina. The complainant alleged that the City breached their privacy by collecting, using, and disclosing the individual’s personal information contained in text messages. The Commissioner found that the City collected and used the text messages for the purpose of a workplace investigation which fell under the activity of managing 443 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 294.

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