Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 246 Once an individual has been dead 25 years or more, release of his or her personal information is permitted, and it is no longer subject to the privacy protections under LA FOIP. The provision is particularly important for permitting historical and genealogical research.625 When considering disclosure under this provision, local authorities should be confident in how long the individual has been deceased. If an applicant is requested access under LA FOIP to a deceased individual’s personal information, the applicant should be able to provide evidence, such as a death certificate, that an individual has been dead for 25 years or more.626 When considering the application of this provision, local authorities should also consider whether section 49 of LA FOIP (exercise of rights by other persons) has any application in the circumstances. In some instances, personal representatives may be exercising a right or power as it relates to the administration of the individual’s estate. Further, there may be written authorization from the individual prior to death (see subsection 49(e) of LA FOIP). For more on section 49, see Guide to LA FOIP, Chapter 3: “Access to Records”, Exercise of Rights by Authorized Representatives.627 IPC Findings In Investigation Report 282-2018, the Commissioner investigated an alleged breach of privacy involving the Rural Municipality of Parkdale (RM). The complaint alleged that the RM posted personal information of a deceased employee in its council meeting minutes which were then posted on the RM’s website. The RM asserted it had authority to disclose the personal information pursuant to subsection 29(2) of LA FOIP. Although the RM did not make a persuasive argument as to how the provision applied, the Commissioner noted that the RM appeared to be relying on the provision because the surviving spouse of the employee publicly shared some of the deceased employee’s personal information first. However, this was not persuasive. The Commissioner found that the RM did not share the personal information with next of kin as required by subsection 29(2) of LA FOIP and therefore the RM could not rely on subsection 29(2) of LA FOIP for the disclosure. 625 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 120. 626 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 120. 627 Also see section 49 (Exercise of rights by other persons) in LA FOIP.
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