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. 196 Rules of court are the rules of procedures that govern all proceedings before the courts, each has its own rules of procedure.565 The rules of court govern the practices and procedures to be followed in matters that are brought before the Court. Compliance with the Rules is mandatory, and it is the responsibility of lawyers or persons who represent themselves in court proceedings to know and comply with the rules that may apply to their proceeding. Failure to comply can result in unnecessary delay and expense. It could also result in a significant disadvantage or loss in a person’s ability to pursue a claim, appeal or defence.566 Examples of rules of court that relate to the production of information include: • The Court of King’s Bench Rules respecting discovery of documents in a civil court proceeding. • The common law rules developed by the criminal courts respecting Crown disclosure in criminal cases.567 Government institutions should keep subsections 4(c) and (d) of FOIP in mind when dealing with subsection 29(2)(b)(ii) 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. 565 Courts of Saskatchewan, Rules & Practice Directives, available at RULES & PRACTICE DIRECTIVES | Saskatchewan Courts (sasklawcourts.ca). Accessed December 14, 2022. 566 Courts of Saskatchewan, Rules & Practice Directives, available at RULES & PRACTICE DIRECTIVES | Saskatchewan Courts (sasklawcourts.ca). Accessed December 14, 2022. 567 Adapted from 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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