Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 88 Details of a licence: In Shook Legal, Ltd v Saskatchewan (Government Insurance), 2018 SKKB 238 (CanLII), the court found that “details of a licence” included the name, address and description of the vehicle being licensed, which included the vehicle identification number (VIN). Further, a licence plate is not afforded any level of privacy or protection and is equally available to one who observes any vehicle. “Details of a licence or permit” does not contemplate release of a core of personal data that one provides in confidence. One must take a practical approach when confronted with an issue of interpretation of LA FOIP. It has endeavored to provide a workable balance between the interests of public access and protection of legitimate personal privacy issues. In passing upon this question, one must examine the effect that disclosure would have on the interest that the exemption in subsection 23(1) of LA FOIP seeks to protect. In some instances, licence applications might contain significant personal details.225 Licence or permit means written authorization from a local authority to carry out a named activity. For example, a licence may grant permission to own a dog or gun or carry on some trade.226 Other similar discretionary benefit refers to any details of an allowance similar to a license or permit given by a local authority. The nature of these other benefits must be discretionary, that is, the local authority must have a choice as to whether to provide this allowance.227 The words “other similar discretionary benefit” implies that “licence” and “permit” must also have the characteristics of being a “discretionary benefit”.228 Some examples that could be captured under subsection 23(2)(d) of LA FOIP include: • The names of licensed dog owners • The details of a building permit (permit number, applicant’s name, property address, construction authorized, application fee and expiry date) 225 General Motors Acceptance Corp. of Canada v. Saskatchewan Government Insurance, 1993 CanLII 9128 (SK CA) at [14] and [16]. Also quoted in Shook Legal, Ltd v Saskatchewan (Government Insurance), 2018 SKKB 238 (CanLII) at [22] and [23]. 226 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 227 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-personal-privacy. Accessed April 29, 2020. 228 AB IPC Order 98-018 at [18].
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