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. 39 Subsection 23(1) of LA FOIP starts with the following: 23(1) Subject to subsections (1.1) and (2), “personal information” means personal information about an identifiable individual that is recorded in any form, and includes: … The list of examples provided for at subsection 23(1) of LA FOIP is not meant to be exhaustive. This means there can be other types of information that could qualify as personal information. Including means that the list of information that follows is incomplete (non-exhaustive). The examples in the provision are the types of information that could be presumed to qualify as personal information.70 However, more broadly, to constitute personal information, two elements must be present: 1. The information must be about an identifiable individual; and 2. The information must be personal in nature. 1. Is the information about an identifiable individual? Information is about an identifiable individual if: • The individual can be identified from the information (e.g., name, where they live); or • The information, when combined with information otherwise available, could reasonably be expected to allow the individual to be identified.71 70 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/cabinet-local-public-body-confidences. Accessed June 26, 2019. Definition of “including” as included in SK OIPC Guide to LA FOIP, Chapter 4 – Exemptions from the Right of Access, for subsection 16(1)(e) of FOIP. 71 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 44. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020.

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