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. 199 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)(e) 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: … (e) for the purpose of enforcing any legal right that the Government of Saskatchewan or a government institution has against any individual; Subsection 29(2)(e) of FOIP provides that a government institution can disclose personal information without consent for the purpose of enforcing any legal right that the Government of Saskatchewan or a government institution has against any individual. The following three-part test can be applied:573 1. Does the government institution have a legal right A legal right is a right based on a statute or regulation or on common law (that is, judgemade law).574 2. Is the legal right against an individual 573 Three part test first introduced in SK OIPC Investigation Report 068-2020 at [33]. 574 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-189. Available at Chapter (gov.mb.ca). Accessed December 14, 2022.

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