Guide to LA FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 306 the retention period for destruction or the contractor is to destroy the records on behalf of the local authority. The contract should also state how the records are to be destroyed, including notification being provided to the local authority prior to destruction.739 Record Disposal Destruction means to permanently destroy or erase in an irreversible manner to ensure that the record cannot be reconstructed in any way and does not include recycling or placing in the trash.740 Disposition includes the destruction of records, as well as appraisal and transfer to the Provincial Archives where needed. The disposal system is applicable to all formats, including digital.741 When responding to an LA FOIP request, it is necessary to know whether records have been destroyed and if so, whether this has been done in an authorized manner. It is equally important to dispose of personal information under conditions that protect the privacy rights of the individual. Local authorities should include a provision in their record destruction polices that employees must obtain internal authorization prior to the destruction of personal information. The local authority could develop a process to authorize the destruction of batches of records on a single authorization. The authorization should include a signature field or sign-off and the level of authorization required.742 All too often, sensitive personal information intended for destruction is left in unsecured conditions and may be exposed to unauthorized access and, possibly, use. Examples include 739 SK OIPC Investigation Report F-2013-001 at [68]. 740 ON IPC resource, Get rid of it Securely to keep it Private: Best Practices for the Secure Destruction of Personal Health Information, October 2009, at p. 3. Available at naid.pdf (ipc.on.ca). Accessed on December 17, 2022. 741 Provincial Archives of Saskatchewan, Government of Saskatchewan Records Disposal System. Available at Government of Saskatchewan Records Disposal System | Provincial Archives of Saskatchewan (saskarchives.com). Accessed December 19, 2022. 742 Adapted from SK OIPC Investigation Report H-2011-001 at [140]. Originated from ON IPC resource, Get Rid of it Securely to Keep it Private – Best Practices for the Secure Destruction of Personal Health Information, October 2009, at p. 9.

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