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. 92 This provision does not apply to background personal information required by the local authority or provided voluntarily by an individual applying for the benefit.247 This is supported by subsection 23(3)(a) and (b) of LA FOIP which states that this type of information is still personal information in spite of subsections 23(2)(d) and (e) of LA FOIP: Interpretation 23(3) Notwithstanding clauses 2(d) and (e), “personal information” includes information that: (a) is supplied by an individual to support an application for a discretionary benefit; and (b) is personal information within the meaning of subsection (1). IPC Findings In Review Report 082-2017, the Commissioner found that the compensation amounts paid to a former contracted employee (independent contractor) found on an invoice was not personal information pursuant to subsection 23(2)(e) of LA FOIP. The subtotal, GST amount and balance due were also found to not qualify as personal information pursuant to subsection 23(2)(e) of LA FOIP. In Review Report 158-2018, the Commissioner found that scholarship amounts constituted details of a discretionary benefit of a financial nature paid to students by the University of Regina. As such, the scholarship amounts were not personal information pursuant to subsection 23(2)(e) of LA FOIP. 247 SK OIPC Review Report LA-2008-001 at [92] to [93]. See also Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 26.

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