Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 207 Necessary in this context means where the local authority would be unable to protect the mental or physical health or safety of the individual properly or adequately or the group without disclosing the personal information in the proposed manner.562 Protect means keep safe from harm or injury.563 Safety means the state of being protected from or guarded against hurt or injury; freedom from danger.564 Physical health refers to the well-being of an individual’s physical body.565 Determination of the effect of a release of information on an individual’s physical health must consider the current or normal state of health of persons who may be affected by the release of information, as well as the decline in health that is expected to occur if the information is disclosed to the applicant. It may be helpful for the head to obtain the assistance of an expert (e.g., a physician) when making this determination.566 Physical safety means to be protected from any physical injury or impairment to the human body.567 Mental health means the condition of a person in respect of the functioning of the mind.568 It means the ability of a person’s mind to function in its normal state. Determination of the effect of a release of information on a person’s mental health must, where practicable, be based on a subjective evaluation made on a case-by-case basis. It may be helpful for the head to obtain the assistance of an expert (e.g., a psychiatrist) when making this determination.569 562 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-182. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 563 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1149. 564 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2647. 565 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 137. 566 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 April 23, 2020. 567 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 861. 568 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 1220. 569 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 April 23, 2020.
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