Guidelines for Professional Regulatory Bodies

Office of the Saskatchewan Information and Privacy Commissioner. Guidelines for Professional Regulatory Bodies. Updated February 2024. 3 Subsection 2(1)(d)(ii) of FOIP uses the word “prescribed”, which means prescribed in The Freedom of Information and Protection of Privacy Regulations (FOIP Regulations) (subsection 2(1)(h) of FOIP). Section 3 and Part I of the Appendix of the FOIP Regulations sets out the boards, commissions, Crown corporations and any other body that may be prescribed as a government institution under FOIP. Professional regulatory bodies who qualify as a government institution must comply with FOIP when determining whether it will publish personal information contained in discipline related documents. What is personal information under FOIP? Discipline related documents may contain the personal information of several individuals, including witnesses, affected individuals, the Complainant, and/or the professional member. Subsection 24(1) of FOIP defines personal information as follows: 24(1) Subject to subsections (1.1) and (2), “personal information” means personal information about an identifiable individual that is recorded in any form Personal information should be information that is personal in nature. Examples of personal information that discipline related documents may contain the professional member’s discipline, impact upon affected individuals and the identity of the complainant. Does FOIP authorize professional regulatory bodies to disclose personal information through the publication of discipline decisions? Below are some subsections of FOIP that a professional regulatory body (who is subject to FOIP) may consider when determining if it has the legal authority to disclose personal information. Subsection 29(2)(t) of FOIP Subsection 29(2)(t) of FOIP provides that a government institution may disclose personal information in its possession or control if an Act or regulation authorizes the disclosure. 29(2) Subject to any other Act or regulation, personal information in the possession or under the control of a government institution may be disclosed: ...

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