Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 54 Relates to should be given a plain but expansive meaning.133 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.134 “Relating to” requires some connection between the information and health care received or the health history of the individual.135 Health care means collectively, the services provided, usually by medical professionals, to maintain and restore health.136 Health history means a record of information about a person’s health. A personal history may include information about allergies, illnesses, surgeries, immunizations, and results of physical exams and tests. It may also include information about medicines taken and health habits, such as diet and exercise.137 IPC Findings In Investigation Report 109-2017, the Commissioner investigated an alleged breach of privacy involving Englefeld Protestant Separate School Division #132 (Englefeld). The complaint alleged that Englefeld disclosed personal information to the Ministry of Social Services inappropriately. During the investigation, the Commissioner determined that information about the child’s special needs and the requirement for supports at school qualified as the child’s “health history” and was therefore personal information pursuant to subsection 23(1)(c) of LA FOIP. In Investigation Report 002-2018, the Commissioner investigated an alleged breach of privacy involving Saskatchewan Polytechnic (SaskPolytech). A complainant alleged that her personal information was disclosed by SaskPolytech’s legal counsel at an arbitration hearing involving a grievance and harassment allegations against a faculty member. According to the complaint, SaskPolytech disclosed personal information from a Medical Certificate Form from the complainant’s personnel file during the arbitration during cross-examination. The 133 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 134 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. 135 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 136 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 865. 137 National Cancer Institute, Definition of health history. Available at Definition of health history - NCI Dictionary of Cancer Terms - NCI. Accessed on February 2, 2023.
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