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. 195 Government institutions should keep subsections 4(c) and (d) of FOIP in mind when dealing with subsection 29(2)(b)(i) of FOIP. 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. IPC Findings As of the issuing of this Chapter, the Commissioner has not considered this provision in a Report yet. This section will be updated accordingly when it is considered. Subsection 29(2)(b)(ii) 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: … (b) for the purpose of complying with: … (ii) rules of court that relate to the production of information; Subsection 29(2)(b)(ii) of FOIP provides that a government institution can disclose personal information without consent if it is for the purpose of complying with rules of court that relate to the production of information. To comply with rules of court means to act in accordance with or fulfill the requirements of the rules of court.564 564 Adapted from 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.

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