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. 76 personal information pursuant to the equivalent provision in The Freedom of Information and Protection of Privacy Act. The Complainant’s name along with other information of a personal nature (diagnoses, tests, and treatments) were contained in the record. In Review Report F-2014-001, the Commissioner found that an employee’s name in a record qualified as personal information pursuant to the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP) because the name appeared along with a reference to the employee attending a personal family function. In addition, the Commissioner found the name of an individual who was a member of the public was personal information pursuant to subsection 24(1)(k)(i) of FOIP because the name appeared along with a personal home email address. Subsection 23(1)(k)(ii) 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: … (k) the name of the individual where: … (ii) the disclosure of the name itself would reveal personal information about the individual. A name alone is not personal information unless release of the name itself would reveal personal information about the individual.191 A list of names of unsuccessful applicants for a job competition constitutes personal information pursuant to subsection 23(1)(k)(ii) of LA FOIP. Disclosure of the names would reveal the fact that certain individuals applied for a job and were unsuccessful.192 191 See subsection 24(1)(k)(ii) of FOIP. First cited in SK OIPC Review Report 2003-014 at [26]. Later referenced in SK OIPC Review Report F-2005-001 at [13]. See also SK OIPC Review Reports F-2012-006 at [147], F-2014-005 at [10], 195-2015 and 196-2015 at [17] and 112-2018 at [46]. See also General Motors Acceptance Corp. of Canada v. Saskatchewan Government Insurance, 1993 CanLII 9128 (SK CA) at [14] and Griffiths v. Nova Scotia (Education), 2007 NSSC 178 (CanLII) at [24]. 192 SK OIPC Review Report 112-2018 at [47]. See also ON IPC Order MO-3355 at [11].

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