Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 187 Disclosure is sharing of personal information with a separate entity, not a division or branch of the government institution in possession or control of that information.542 Exceptions to disclosure with consent are outlined at subsection 29(2) and section 30 of FOIP. In addition, sections 16, 17 and 17.1 of The Freedom of Information and Protection of Privacy Regulations. If one of these exceptions applies, the government institution may disclose without the consent of the individual. Section 29 of FOIP only applies to personal information as defined by section 24 of FOIP. For the definition and interpretation of what qualifies as “personal information” see Section 24 earlier in this Chapter. Government institutions should still abide by the data minimization and need-to-know principles when disclosing personal information. Only disclose the least amount of personal information necessary to achieve the purpose. Further, only disclose to those that have a need-to-know the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. Subsection 29(1) Disclosure of personal information 29(1) No government institution shall disclose personal information in its possession or under its control without the consent, given in the prescribed manner, of the individual to whom the information relates except in accordance with this section or section 30. Subsection 29(1) of FOIP requires a government institution to have consent of the individual prior to disclosing that person’s personal information. Disclosure is sharing of personal information with a separate entity, not a division or branch of the government institution in possession or control of that information.543 Consent means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another; it 542 First defined by SK OIPC in 2008-2009 Annual Report at p. 74. 543 First defined by SK OIPC in 2008-2009 Annual Report at p. 74.
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