Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 61 23(1)(h) - the views or opinions expressed by an individual about another individual are the personal information of the individual they are about. For example, an individual writes, “Smith is a bad student” or “Smith exercises but is still out of shape”. The individual’s opinion is about Smith so the opinion is Smith’s personal information. 23(2)(b) – the views or opinions expressed by employees of a local authority, given in the course of employment, are not the personal information of the employee. For example, an employee writes, “I think we should proceed with this project” or “I think we are on the right course”. An employee’s views or opinions offered in terms of performing their jobs or offered in the course of preparing work product are not the employee’s personal information. This is because the employee is only offering the opinion or view as part of their employment responsibilities, not in a personal capacity. However, if the employee states, “Smith is not a good employee”, the opinion is about another individual and subsection 23(1)(h) of LA FOIP would apply. Signing a petition is personal information pursuant to subsection 23(1)(f) of LA FOIP because by signing, the individual is indicating that they agree with the petition’s purpose. This would constitute the opinions or views of the individual.150 However, petitions are not intended to be kept secret. The names of individuals signing a petition are not normally supplied in confidence. Petitions are generally considered to be public information; individuals signing a petition are publicly lending their support to a position and expect that their names may be disclosed. There may be some cases, however, in which the circumstances surrounding the collection of signatures on a petition indicate that the individuals have signed with the understanding that their names will not be disclosed. Each situation must be considered on a case-by-case basis.151 IPC Findings In Review Report F-2010-001, the Commissioner found that opinions submitted by private individuals to a government institution as part of a consultation process, was personal information pursuant to the equivalent provision in The Freedom of Information and Protection of Privacy Act. The Commissioner recommended the names and email addresses associated with the opinions be removed and the opinions be released as no individuals could then be identified. 150 SK OIPC Review Report 156-2015 at [7]. This was also found in Investigation Report 059-2018 at [9]. 151 SK OIPC Investigation Report 059-2018 at [21] to [23].
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