Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 94 (b) is personal information within the meaning of subsection (1). To apply, both (a) and (b) must apply to the circumstances. This is evidenced by the use of “and” between the provisions. The following two-part test can be applied: 1. Is the information “personal information” within the meaning of subsection 23(1)? To qualify, the information must first be personal information.250 Personal information is only that of an identifiable individual. Companies do not qualify as an “identifiable individual”.251 See Section 23: Definition of Personal Information, earlier in this Chapter for assistance with this question. 2. Did the individual supply the personal information to support an application for a discretionary benefit? Supplied means provided or furnished.252 Personal information may qualify as “supplied” if it was directly supplied to a local authority by the individual, or where its disclosure would reveal or permit the drawing of accurate inferences with respect to the personal information supplied by the individual.253 Personal information can still be “supplied” even when the record originated with the local authority (i.e., records may contain or repeat personal information extracted from documents supplied by the individual).254 250 SK OIPC Review Report 130-2015 at [25]. 251 SK OIPC Review Report 130-2015 at [25]. 252 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions#supplied. Accessed August 21, 2019. 253 Adapted from criteria utilized for subsection 19(1)(b) of FOIP. See SK OIPC Review Reports F-2005003 at [17], F-2006-002 at [40]. 254 Adapted from Merck Frosst Canada Ltd. v. Canada (Health), [2012] 1 SCR 23, 2012 SCC 3 (CanLII) at [157].
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