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. 204 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.589 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 owing. 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. 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)(g) 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: … (g) to a prescribed law enforcement agency or a prescribed investigative body: (i) on the request of the law enforcement agency or investigative body; (ii) for the purpose of enforcing a law of Canada or a province or territory or carrying out a lawful investigation; and (iii) if any prescribed requirements are met; 589 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 278.

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