Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 53 Some local authorities also qualify as trustees under HIPA. For example, the Saskatchewan Health Authority is both a local authority under subsection 2(f)(xiii) of LA FOIP and also a trustee pursuant to subsection 2(t)(ii) of HIPA. For personal health information in the possession/custody or control of local authorities that are also trustees, HIPA applies to that personal health information and not LA FOIP (as per s. 4(3) of HIPA which states HIPA applies to personal health information and not LA FOIP). However, for local authorities that are not also trustees, LA FOIP would apply to certain personal health information described in LA FOIP (like subsection 23(1)(c) of LA FOIP). For example, the Regina Police Service is a local authority under subsection 2(f)(viii.1) of LA FOIP but is not a trustee under subsection 2(t) of HIPA. Therefore, provisions like subsection 23(1)(c) of LA FOIP would be engaged to protect personal health information collected, used or disclosed by the RPS in the carrying out of its work. The personal health information is treated like “personal information” under LA FOIP. Without provisions like subsection 23(1)(c) of LA FOIP, some of the personal health information in the possession or control of local authorities that are not also trustees would not have privacy protection. It is important to clarify, that where an organization qualifies as both a local authority and a trustee, LA FOIP does not apply to personal health information in the possession or control of the local authority. Rather, HIPA applies to that information. This is supported by subsection 23(1.1) of LA FOIP and subsections 4(3) and 4(6) of HIPA. See Subsection 23(1.1) later in this Chapter for more on the interpretation of subsection 23(1.1) of LA FOIP. To summarize how to approach personal health information in the possession or control of a local authority: • If the local authority is also a trustee, HIPA should be relied on for the rules and protection of personal health information. • If the local authority is not also a trustee, LA FOIP should be relied on (only as provided for in LA FOIP) for the rules and protection of personal health information. Subsection 23(1)(c) of LA FOIP provides that information that relates to health care that has been received or the health history of an individual qualifies as “personal information” for purposes of LA FOIP.
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