Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 204 De-identification is the general term for the process of removing personal information from a record or data set.554 De-identified information is information that cannot be used to identify an individual, either directly or indirectly. Information is de-identified if it does not identify an individual, and it is not reasonably foreseeable in the circumstances that the information could be used, either alone or with other information, to identify an individual.555 Personal information is de-identified through a process involving the removal or modification of both direct identifiers and indirect or quasi-identifiers.556 As a best practice, de-identified information should be collected, used and/or disclosed if the purpose for the collection, use and/or disclosure can still be achieved using de-identified information. This isn’t always possible. However, local authorities should exercise discretion and consider whether it is possible in each circumstance. Whether something is reasonable is a subjective assessment which means fair, proper, just, moderate, suitable under the circumstances, rational, governed by reason, not immoderate or excessive, the standard which one must observe to avoid liability for negligence, including foreseeable harms.557 In the context of subsection 28(2)(k) of LA FOIP, the local authority should consider whether the research or statistical purpose can reasonably be accomplished with de-identified information. If the answer is no, then the third criteria is met. The onus is on the local authority to understand research methods generally and the proposed project specifically, to determine whether identifiable information is truly needed to accomplish the research. The researcher would submit the research proposal to the local authority in writing, clearly explaining the nature of the research, the information involved and the reason for the request. A detailed proposal enables the local authority to evaluate the necessity for identifiable information, any potential harm to individuals, the academic credentials, skill and 554 ON IPC resource, De-identification Guidelines for Structured Data, June 2016 at pp. 1 and 3. 555 ON IPC resource, De-identification Protocols: Essential for Protecting Privacy, June 25, 2014 at p. 3. 556 ON IPC resource, De-identification Protocols: Essential for Protecting Privacy, June 25, 2014 at p. 3. 557 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed December 15, 2022.
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