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. 189 requirements of subsection (1) unless the government institution that intends to act has reason to believe that the consent does not meet those requirements. Where reasonable, an individual’s consent should be in writing. If consent is given verbally, the government institution should make a written record of the conversation and, where reasonable, send a letter to the individual confirming authorization.545 For more on consent and best practices, see Consent and Best Practices for Consent Forms earlier in this Chapter. Without consent, personal information cannot be released unless one of the provisions under subsection 29(2) or section 30 of FOIP applies. In addition, sections 16, 17 and 17.1 of The Freedom of Information and Protection of Privacy Regulations. See the subsections below for detailed guidance on subsection 29(2) and section 30 of FOIP. Subsection 29(2)(a) 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: (a) for the purpose for which the information was obtained or compiled by the government institution or for a use that is consistent with that purpose; Subsection 29(2) of FOIP provides several circumstances where a government institution can disclose personal information without the consent of the individual whose personal information is involved. There are additional circumstances enumerated in the FOIP Regulations. Subsection 29(2)(a) of FOIP provides that a government institution may disclose an individual’s personal information for the same purpose for which it was originally obtained or compiled or for a “use” that is consistent with that purpose. 545 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Appendix 1 – Glossary of Terms at p. 13. Available at Resource Manual | FIPPA | Province of Manitoba (gov.mb.ca) at Chapter 6., p. 6-56. Accessed December 5, 2022.

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