Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 198 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)(d) 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: … (d) to legal counsel for a government institution for use in providing legal services to the government institution; Subsection 29(2)(d) of FOIP captures other forms of legal counsel beyond legal services provided by the Ministry of Justice under subsection 29(2)(c) of FOIP above. Government institutions may have legal counsel outside that is provided by the Ministry of Justice and the Attorney General for Saskatchewan. Legal service includes any law-related service performed by a person engaged by a government institution and who is licensed to practice law.572 For purposes of this provision, the legal services must be provided to the government institution by legal counsel other than the Attorney General for Saskatchewan or his or her agent or legal counsel (as these are captured by subsection 29(2)(c) of FOIP). This can include a private bar legal counsel retained to act on behalf of the government institution. 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 572 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].
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