Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 64 Section 29: Disclosure of Personal Information Subsection 29(2)(o): Disclosure of personal information Disclosure of personal information 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: … (o) for any purpose where, in the opinion of the head: (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (ii) disclosure would clearly benefit the individual to whom the information relates; Subsection 29(2)(o) of FOIP is a discretionary provision for the release of personal information without consent in circumstances where the head of the government institution forms the opinion that the public interest “clearly outweighs any invasion of privacy” or where disclosure would “clearly benefit the individual to whom the information relates.” The provision provides government institutions with a tool to help them effectively balance an individual’s right to privacy with other important contextual interests. This provision is relevant for this Chapter as subsection 34(1)(b) of FOIP provides that notice must be given to a third party individual where their personal information is being released pursuant to subsection 29(2)(o) of FOIP. Subsection 29(2)(o)(i) Disclosure of personal information 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: … (o) for any purpose where, in the opinion of the head:
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