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. 55 Commissioner found that the information in the Medical Certificate Form qualified as personal information pursuant to subsection 23(1)(c) of LA FOIP. In Review Report 243-2019, the Commissioner reviewed a denial of access to information involving the Rural Municipality of Blaine Lake No. 434 (RM). The RM had received an access to information request for all time sheets for a specific foreman during a specific timeframe. The RM withheld portions of the records from the applicant. During the review, the Commissioner determined that some of the information withheld on the timesheets appeared to refer to medical services received by a specific individual and therefore it qualified as that individual’s personal information pursuant to subsection 23(1)(c) of LA FOIP. The Commissioner noted that this type of information should not be noted on timesheets, and it was an inappropriate collection of personal information. The RM acknowledged this fact and created a policy that clearly outlined what should and should not be found on a timesheet. In Review Report 039-2020, the Commissioner reviewed a denial of access to information involving the Saskatoon Police Service (SPS). An applicant had requested access to notes and/or any reporting that was done in regard to the applicant’s call to police on a specific date. SPS withheld some information. Upon review, the Commissioner determined that medical records and health information was withheld appropriately pursuant to subsection 23(1)(c) of LA FOIP. This included photographs documenting alleged injuries. In Investigation Report 064-2022, 115-2022, the Commissioner investigated an alleged breach of privacy complaint involving the Saskatoon Public Library (SPL). The complaint alleged that SPL required the complainant to submit a rapid antigen test result every 72 hours, since they had not submitted proof of full COVID-19 vaccination. As part of the investigation, the Commissioner determined that the COVID-19 test results revealed the complainant’s “health history” and would therefore qualify as personal information pursuant to subsection 23(1)(c) of LA FOIP. Subsection 23(1)(d) Interpretation 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: … (d) any identifying number, symbol or other particular assigned to the individual;

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