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. 77 When considering if a name alone reveals personal information about an individual, local authorities should consider the type of document the name appears in and what type of information is already in the public domain. For example, media stories, obituaries, and social media sites. IPC Findings In Review Report F-2013-007, the Commissioner found that if the name alone were released in that case it would be possible for the applicant to link the name with other details about the individual of a personal nature that had previously been released to the applicant. The applicant could piece the information together resulting in an identifiable individual. In Review Report F-2014-005, the Commissioner found that the name of victims in the records constituted personal information pursuant to the equivalent provision in The Freedom of Information and Protection of Privacy Act. Release of the names alone would reveal the fact that the individuals were the victim of a teacher’s professional misconduct or incompetence due to the nature of the records and the information already released to the applicant. Subsection 23(1.1) Interpretation 23(1.1) On and after the coming into force of subsections 4(3) and (6) of The Health Information Protection Act, with respect to a local authority that is a trustee as defined in that Act, “personal information” does not include information that constitutes personal health information as defined in that Act. If a local authority is also a trustee under The Health Information Protection Act (HIPA), LA FOIP would not apply to information that qualifies as personal health information under HIPA. The local authority should apply HIPA to that personal health information instead of LA FOIP. The purpose of this provision is to ensure that two different laws do not apply to the same information at the same time.193 193 SK OIPC Investigation Report F-2010-001 at [31].

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