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. 200 Individual means natural persons (human beings).575 Use of the word individual in this provision makes it clear that the enforcement of the legal right must be against only natural persons or human beings.576 3. Was disclosure made for the purpose of enforcing that legal right Enforcement in this context means the act or process of compelling compliance with a legal right that the Government of Saskatchewan or a government institution has.577 Disclosure for purposes of this provision may be: • To legal counsel. • To any person authorized to enforce the legal right of the Government of Saskatchewan or a government institution.578 Subsection 29(2)(e) of FOIP permits a government institution to disclose personal information to another government institution to enforce a legal right of the other government institution, as the phrase “a government institution” and the broader “Government of Saskatchewan” is used in subsection 29(2)(e) of FOIP.579 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. 575 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 924, 1238 and 1378. 576 ON IPC Order 16 at p. 19. See also Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 44. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020. 577 Adapted from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 645. 578 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-190. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 579 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-190. Available at Chapter (gov.mb.ca). Accessed December 14, 2022.

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