Office of the Saskatchewan Information and Privacy Commissioner. Best Practices for Information Sharing Agreements. 23 March 2018. 2 What is an Information Sharing Agreement? The Treasury Board of Canada Secretariat’s Guidance on Preparing Information Sharing Agreements Involving Personal Information defines an information sharing agreement as a written record of understanding between government parties that outlines the terms and conditions under which personal information is shared between the parties. An adequate information sharing agreement should be in place between the parties to protect the personal information and personal health information involved and to ensure compliance. When is an Information Sharing Agreement Required? Whenever a public body is planning to engage in information sharing, it is best practice to have a written information sharing agreement in place that conforms to the best practices described in this resource. Public bodies should also ensure that all collections, uses and disclosures of personal information in the information sharing activities are authorized by FOIP or LA FOIP. Several subsections in FOIP, LA FOIP and their Regulations stipulate that an agreement must be in place for information sharing (example: information sharing for the purposes of a common or integrated service described in section 17.1 of the FOIP Regulations/10.1 of LA FOIP Regulations). When this occurs, the agreement should be in writing and follow the best practices outlined in this document. In some instances, the regulations describe what an information sharing agreement should contain ; however, it is also best practice to include all elements described in this resource as well. In 2017, amendments were made to FOIP, LA FOIP and their Regulations. The amendments introduce the concept of an information management service provider (IMSP). See the definition in subsection 2(1)(e.1) of FOIP/ FOIP, LA FOIP and the Regulations. Public bodies are required to have an information sharing agreement in place when engaging an IMSP. See section 13.1 of the FOIP Regulations/8.2 of the LA FOIP Regulations.
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