Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 202 Subsection 29(2)(f)(i) of FOIP permits a government institution to disclose an individual’s personal information without consent if the purpose is to locate them to collect a debt owed to the Government of Saskatchewan or the government institution. Locate means to discover the exact place or position.580 In this context, it means the act of locating an individual. “Location” means a particular place or position.581 A debt is something that is owed, usually money, where the individual has an obligation to pay, and the creditor has the right to receive and enforce payment.582 A debt is a specified amount of money due to the Government of Saskatchewan or a government institution. The Crown in right of Saskatchewan means the government or Government of Saskatchewan.583 Government institutions must be disclosing for the purpose of locating an individual. If the government institution is disclosing personal information but already knows where the individual is located, the provision cannot be relied upon. This provision does not permit disclosure of personal information by a government institution for the purpose of determining whether a debt or payment is owed. This determination must already be made.584 Government institutions should still abide by the data minimization and need-to-know principles when disclosing personal information for this purpose. Only disclose the least amount of personal information necessary to achieve the purpose of locating the individual. It is generally not necessary to disclose the reason for the debt or payment (e.g., the penalty or offence leading to the debt owed). Further, only disclose to those that have a need-toknow the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. 580 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 833. 581 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 833. 582 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 277. 583 The Legislation Act, SS 2019, c L-10.2 at s. 2-29. 584 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 278.
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