Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 197 Subsection 29(2)(c) 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: … (c) to the Attorney General for Saskatchewan or to his or her agent or legal counsel for use in providing legal services; Subsection 29(2)(c) of FOIP provides that a government institution can disclose personal information without consent to the Attorney General for Saskatchewan or his or her agent or legal counsel for use in providing legal services. Attorney General, in this context, is the chief law officer of Saskatchewan responsible for advising the government on legal matters and representing it in litigation.568 An agent of the Attorney General for Saskatchewan can include public prosecutions at the Ministry of Justice.569 Legal service includes any law related service performed by a person engaged by a government institution and who is licensed to practice law.570 For purposes of this provision, the legal services must be provided to the government institution by the Attorney General for Saskatchewan or by his or her agent or legal counsel. The Ministry of Justice can act as legal advisors for all departments of government.571 Crown Counsel and Crown Prosecutors employed by the Ministry of Justice would fit within this provision. 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 568 Modified from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 154. 569 SK OIPC Review Report F-2012-006 at [111]. 570 Definition originated from AB IPC Order 96-017 at [37]. Adopted in SK OIPC Review Report F-2012003 at [96]. Adjusted to include “engaged by a government institution” in Review Report 171-2019 at [119]. 571 SK OIPC Review Report F-2005-002 at [26]. For this interpretation, the Commissioner, relied on The Law of Evidence in Canada.
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