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. 193 Subsection 29(2)(b)(i) of FOIP provides that a government institution can disclose personal information without consent if it is for the purpose of complying with a subpoena or warrant or order. To comply with a subpoena, warrant or order means to act in accordance with or fulfill the requirements of the subpoena, warrant or order.553 A subpoena (can also be called a “summons to witness”) is a command issued by a party in litigation requiring the attendance of someone as a witness at a court proceeding or hearing. It will specify a certain place and time when testimony on a certain matter will be required and may also order a person to meet the requirements of a court to disclose information.554 A subpoena may also require the person to bring records, documents, files or other specified information to the court or the hearing.555 Time is usually of the essence in dealing with a subpoena, as it is often served with very little notice. Government institutions cannot ignore subpoenas since they would risk being cited for contempt of court and, at a minimum, fined.556 A warrant is a judicial authorization to collect information – in this context, personal information.557 It is an order of a judicial authority authorizing an officer named or described in the warrant to arrest a person, seize something (such as records), search something (such as a computer or premises) or execute or carry out some judicial sentence.558 An order is an authoritative command, direction, or instruction to produce something – again in this context, personal information.559 It is a direction of a court, judge, tribunal, or official that commands a party to do or not to do something; a judgement, decree, direction or decision that is authorized or required to be made under a statute or regulation.560 553 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-184. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 554 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 273. 555 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-184. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 556 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 273. 557 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 273. 558 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-184. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 559 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 274. 560 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-185. Available at Chapter (gov.mb.ca). Accessed December 14, 2022.

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