Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 248 Unreasonable means going beyond the limits of what is reasonable or equitable.629 Invasion of privacy is a term that means the privacy of a person has been invaded.630 Invasion means an encroachment upon the rights of another.631 An encroachment on the privacy rights under Part IV of LA FOIP which pertains to the collection, use and/or disclosure of one’s personal information under LA FOIP. When considering this provision, the “invasion-of-privacy” test can assist to determine the level of privacy risk in the disclosure. It involves a detailed review of three interrelated risk factors that may help determine whether disclosure poses an unreasonable invasion of privacy. These three factors are the sensitivity of the information, the expectations of the individual and the probability and degree of injury. In addition, local authorities should consider factors unique to their own operational context, as applicable.632 For example, for purposes of subsection 29(2) of LA FOIP, a consideration would be how long the individual has been deceased. Deceased individuals have privacy rights, but they diminish over time.633 Other relevant motives could be the reason an applicant seeks access. The motive of an applicant is not usually relevant in access requests, however, in the context of cases involving family members seeking information to deal with a death and its aftermaths, it has been considered appropriate to do so.634 (1) Sensitivity of the information • Consider whether the type of information is of a detailed (e.g., name and address) or highly personal (e.g., health information) nature. • Evaluate the context in which the information was collected and determine whether any contextual sensitivities apply to the information. For example, a list of public servants may not be considered particularly sensitive, but that 629 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-238. Available at Chapter (gov.mb.ca). Accessed December 16, 2022. 630 The Law Dictionary, Black’s Law Dictionary, Free 2nd ed. Available at INVASION OF PRIVACY Definition & Meaning - Black's Law Dictionary (thelawdictionary.org). 631 The Law Dictionary, Black’s Law Dictionary, Free 2nd ed. Available at INVASION Definition & Meaning - Black's Law Dictionary (thelawdictionary.org). 632 Adapted from Privacy Commissioner of Canada, Public Interest Disclosures by federal institutions under the Privacy Act, revised June 2022. Available at Public interest disclosures by federal institutions under the Privacy Act - Office of the Privacy Commissioner of Canada. Accessed December 15, 2022. 633 BC IPC Order F15-36 at [29]. At paragraphs [29] to [30] of this Order, the BC IPC established that 2 ½ years or less since the individual died was not a sufficient amount of time to justify release on that factor alone. 634 BC IPC Order F15-36 at [31]. At paragraphs [29].
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