Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 247 In Investigation Report 041-2017, the Commissioner investigated an alleged breach of privacy involving the former Prince Albert Parkland Regional Health Authority (Parkland). The Prince Albert Historical Society reported to the Commissioner that it received a filing cabinet from Parkland that contained the records of nursing students who were graduates of Holy Family School of Nursing from 1910 to 1969. The Commissioner determined that Parkland had control over these records and was therefore responsible for their disposition. The Commissioner recommended that Parkland integrate the records into its records management system. Further, as some records were over 100 years old there would be authority to the disclose those records pursuant to subsection 29(1) of LA FOIP. In addition, if former students were deceased, Parkland could disclose the records to family members if the students had been deceased less than 25 years pursuant to subsection 29(2) of LA FOIP. Subsection 29(2) Personal information of deceased individual 29(2) Where, in the opinion of the head, disclosure of the personal information of a deceased individual to the individual's next of kin would not constitute an unreasonable invasion of privacy, the head may disclose that personal information before 25 years have elapsed after the individual's death. Subsection 29(2) of LA FOIP gives the head discretion to disclose the personal information of a deceased individual before 25 years after death to the individual’s next of kin where it is deemed not to constitute an unreasonable invasion of privacy. Next of kin is a person’s nearest relative by blood or marriage which could include a cousin, grandparent, niece or nephew, who has close ties to the individual who is deceased. For example: • Spouse, parent, child. • Cousins brought up together as siblings. • A grandchild brought up by grandparents.628 628 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.
RkJQdWJsaXNoZXIy MTgwMjYzOA==