Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 63 Subsection 23(1)(g) 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: … (g) correspondence sent to a local authority by the individual that is implicitly or explicitly of a private or confidential nature, and replies to the correspondence that would reveal the content of the original correspondence, except where the correspondence contains the views or opinions of the individual with respect to another individual; Subsection 23(1)(g) of LA FOIP is intended to protect personal information that appears in correspondence sent to local authorities by individuals. In addition, it protects replies to the individuals’ correspondence if those replies reveal the personal information in the original correspondence sent by the individual. The only exception is if the information is views or opinions about another individual which should then be considered under subsection 23(1)(h) of LA FOIP. The following three questions can be asked to help determine if information is personal information pursuant to subsection 23(1)(g) of LA FOIP: 1. Is the information correspondence sent to a local authority by an individual? Correspondence is letters sent or received.152 In terms of this provision, the information must be correspondence “sent” to a local authority or the replies from the local authority. Individual means natural persons (human beings).153 Use of the word individual in this provision makes it clear that the protection provided relates only to a natural person or human being.154 152 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 320, (Oxford University Press). 153 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 924, 1238 and 1378. 154 ON IPC Order 16 at p. 19. See also 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.
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