Archive (Tag: interpretation)
Work Product vs. Personal Information
Personal information is defined in section 24 of The Freedom of Information and Protection of Privacy Act (FOIP) and section 23 of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). An individual’s employment history is personal information. However, it should be noted that if the individual’s employment status or business... read more
Who Signs for a Child? (updated)
When it comes to obtaining the personal information of a child under the age of 18 years, it is commonly accepted that a child cannot sign for themselves. So, who can sign for that child? The Children’s Law Act, 2020 sections 3 and 4 provides: The parents of a child are joint legal decision-makers with... read more
Real Risk of Significant Harm (updated)
Amendments to The Freedom of Information and Protection of Privacy Act (FOIP) and The Local Authority Freedom of Information and Protection of Privacy Act in 2018, require that once it is confirmed that a privacy breach occurred, the public body must consider if, as a result of the incident, there is a real risk of... read more
Absurd Results (updated)
From time to time, when interpreting and applying legislation, one can end up with a result that will be absurd. This can happen from time to time with The Freedom of Information and Protection of Privacy Act (FOIP), The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIP) or The Health Information Protection Act (HIPA). These statutes are to... read more