The Saskatchewan Financial Services Commission (SFSC), now called the Financial and Consumer Affairs Authority (FCAA), has once again, for the second time this year, been severely reprimanded in a scathing report released by the Saskatchewan government watchdog’s Office of the Information and Privacy Commissioner (OIPC). The substance of the Report concerns the actions of the FCAA involving their violations of The Freedom of Information and Protection of Privacy Act and The Health Information Protection Act. The Privacy Commissioner has found the FCAA guilty of blatant breaches of the legislated privacy statutes of this province. During the course of an administrative case being conducted by the FCAA, a formal complaint was filed against the SFSC/FCAA with the Privacy Commissioner’s Office. The OIPC launched an official investigation seeking answers as to why the FCAA had willfully disclosed both personal medical and other private information. The FCAA were unable to provide the Privacy Commissioner with any explanation as to why the FCAA had chosen to disregard their obligations to protect such information. Additionally, the FCAA have obstructed and delayed the OIPC’s investigation for the past two years. The Privacy Commissioner’s investigation and subsequent Report very clearly concludes that the FCAA were in gross violation of, and had no legal grounds to violate, both FOIP and HIPA. In addition to citing the FCAA for numerous breaches under The Freedom of Information and Protection of Privacy Act, the Privacy Commissioner takes particular aim at the FCAA’s grievous violations of The Health Information Protection Act. The Health Information Protection Act statutes were created to safeguard personal private medical information; such information is sacrosanct. Breaches of HIPA are a very serious matter and can mean personal fines of up to $50,000 and $500,000 for an organization. The Commissioner’s Report very clearly concludes that the FCAA had no legal grounds nor privilege to do what they did as regards the release of personal medical and other private information, and specifically cites the FCAA for breaching both FOIP and HIPA legislation. Further, Saskatchewan also has a statutory tort for breach of privacy. While the OIPC Report unjustifiably hides the names of those at the FCAA who are implicated in this matter, as the proceedings associated with this case were open for the public record, these people should also be held to open public scrutiny. The following individuals at the FCAA are directly involved with this matter:
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