Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 78 To clarify further, all government institutions under The Freedom of Information and Protection of Privacy Act also qualify as trustees under HIPA (see s. 2(t)(i) of HIPA). However, not all local authorities qualify as trustees under HIPA. Two provisions in LA FOIP cover off “personal health information” held by local authorities. Subsections 23(1)(c) and 23(1.1) of LA FOIP: 23(1)(c) of LA FOIP: The purpose of this provision is to ensure privacy protection for personal health information in the possession or control of a local authority where the local authority is not also a trustee under The Health Information Protection Act (HIPA). 23(1.1) of LA FOIP: The purpose of this provision is to ensure privacy protection for personal health information in the possession/custody or control of a local authority that is also a trustee under HIPA. An example of a local authority that also qualifies as a trustee under HIPA is the Saskatchewan Health Authority. It is both a local authority under subsection 2(f)(xiii) of LA FOIP and also a trustee pursuant to subsection 2(t)(ii) of HIPA. For personal health information in the custody or control of local authorities that are also trustees, HIPA applies to that personal health information and not LA FOIP (as per s. 4(3) of HIPA which states LA FOIP does not apply to personal health information). Subsection 4(3) of HIPA provides as follows: 4(3) Except where otherwise provided, The Freedom of Information and Protection of Privacy Act and The Local Authority Freedom of Information and Protection of Privacy Act do not apply to personal health information in the custody or control of a trustee. However, for local authorities that are not also trustees, LA FOIP would apply to certain personal health information described in LA FOIP (like subsection 23(1)(c) of LA FOIP). For example, the Regina Police Service is a local authority under subsection 2(f)(viii.1) of LA FOIP but is not a trustee under subsection 2(t) of HIPA. Therefore, provisions like subsection 23(1)(c) of LA FOIP would be engaged to protect personal health information collected, used or disclosed by the RPS in the carrying out of its work. That personal health information is treated as “personal information” under LA FOIP. It is important to clarify, that where an organization qualifies as both a local authority and a trustee, LA FOIP does not apply to personal health information in the possession or control of
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