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. 50 To qualify as employment or educational history, the information must contain some significant part of the history of the person’s employment or education. For example, a student’s course enrolment and academic performance. An example of what would not be significant enough includes records that simply list student names and generic attendance information not associated to any particular student and reveals only the fact that a student attended a certain school during a brief point in time.121 Criminal history includes an individual’s convictions under criminal laws such as the Criminal Code (Canada) and findings of guilt under the Youth Criminal Justice Act (Canada) or the former Young Offenders Act (Canada). Other offences include “Regulatory offences” such as: • Offences under other federal statutes or regulations (for example, the Immigration and Refugee Protection Act (Canada)); • Offences under provincial statutes or regulations (for example, The Traffic Safety Act (Saskatchewan); or • Offences under municipal by-laws.122 Employment history is the type of information normally found in a personnel file such as performance reviews, evaluations, disciplinary actions taken, reasons for leaving a job, information in a résumé or leave transactions.123 It does not include work product.124 General information, such as references to the type of employment entered into, certain actions taken, and relevant dates of those options are also not included.125 Employment history does not include: October 2017 at p. 100 and Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 32. Adopted in SK OIPC Investigation Report LA-2013-003 at [25]. 121 ON IPC Order MO-3900 at [46] to [48]. 122 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. 123 Office of the Information and Privacy Commissioner of Alberta (AB IPC) Order F2003-005 at [73]. Similar view taken by ON IPC in Order M-615 at p. 4 and Office of the Prince Edward Island Information and Privacy Commissioner (PEI IPC) Order No. 07-001 at p. 17. First adopted by SK OIPC in Review Report LA-2009-002/H2009-001 at [170] to [174]. 124 First cited in SK OIPC Review Report F-2006-001 at [113]. See What is not personal information section above in this Chapter for definition of “work product”. 125 AB IPC Order F2003-005 at [73]. See also ON IPC in Order M-615 at p. 4.

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