Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 140 Law enforcement includes:410 a) policing, including criminal intelligence operations, or Policing refers to the activities of police services. This means activities carried out under the authority of a statute regarding the maintenance of public order, detection and prevention of crime or the enforcement of law.411 Criminal intelligence is information relating to a person or group of persons compiled by law enforcement to anticipate, prevent or monitor possible criminal activity. Intelligence-gathering is sometimes a separate activity from the conduct of specific investigations. Intelligence may be used for future investigations, for activities aimed at preventing the commission of an offence, or to ensure the security of individuals or organizations.412 b) investigations, inspections or proceedings conducted under the authority of or for the purpose of enforcing an enactment which lead to or could lead to a penalty or sanction being imposed under the enactment. Subsection 26(1)(c)(i) of FOIP gives some examples of what is included in the term “law enforcement activities” that fall into two categories. Category one is detecting, investigating, preventing, or prosecuting an offence. Category two is the enforcement of an Act or regulation. "Law enforcement" is not limited to the investigative activities of police forces, but also includes a wide variety of investigations and actions by government institutions, if they are undertaken for the purpose of detecting, investigation, preventing or prosecuting an offence or enforcing an enactment.413 410 Definition from Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, SNL 2002, c A-1.1 at subsection 2(i), similar definition in Ontario’s Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter F.31 at subsection 2(1)(b), similar definition used in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. This definition is also used for subsection 15(1)(k) of FOIP, see SK OIPC Guide to FOIP, Chapter 4, “Exemptions from the Right of Access”. 411 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 412 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at pp. 145 and 151. 413 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-66. Available at Chapter (gov.mb.ca). Accessed December 8, 2022.

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