Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 79 the local authority. Rather, HIPA applies to that information. Subsection 2(m) of HIPA defines personal health information as: 2(m) “personal health information” means, with respect to an individual, whether living or deceased: (i) information with respect to the physical or mental health of the individual; (ii) information with respect to any health service provided to the individual; (iii) information with respect to the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual; (iv) information that is collected: (A) in the course of providing health services to the individual; or (B) incidentally to the provision of health services to the individual; or (v) registration information;194 To summarize how to approach personal health information in the possession or control of a local authority: • If the local authority is also a trustee, HIPA should be relied on for the protection of personal health information. • If the local authority is not also a trustee, LA FOIP should be relied on (only as provided for in LA FOIP) for the protection of personal health information. IPC Findings In Investigation Report 113-2020, the Commissioner investigated an alleged breach of privacy involving the Saskatchewan Health Authority (SHA). The complaint alleged the SHA used and disclosed the complainant’s personal health information during a grievance process 194 The Health Information Protection Act, SS 1999, c H-0.021 at subsection 2(m).
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