Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 250 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. 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. Section 30: Access to personal information Individual’s access to personal information 30(1) Subject to Part III and subsections (2) and (3), an individual whose personal information is contained in a record in the possession or under the control of a local authority has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record.
RkJQdWJsaXNoZXIy MTgwMjYzOA==