Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 205 Subsection 29(2)(g) of FOIP permits a government institution to disclose personal information without consent to a “prescribed” law enforcement agency or “prescribed” investigative body where the enumerated circumstances exist at subsections 29(2)(g)(i) through (iii) of FOIP. Section 14 of The Freedom of Information and Protection of Privacy Regulations defines the bodies that are considered law enforcement agencies and investigative bodies for purposes of subsection 29(2)(g) of FOIP. The list is extensive and includes subsections 14(a) through (x). The purpose of this provision is to assist law enforcement or investigative bodies. Subsection 29(2)(g) of FOIP requires that the law enforcement agency or investigative body be “prescribed”. Subsection 2(1)(h) of FOIP provides: 2(1) In this Act: … (h) “prescribed” means prescribed in the regulations; Government institutions should refer to section 14 of The Freedom of Information and Protection of Privacy Regulations before disclosing to ensure the body being disclosed to qualifies as a “law enforcement agency” or “investigative body”. For subsection 29(2)(g) of FOIP to apply, the following circumstances must be met: 1. The disclosure must be made to a law enforcement agency or an investigative body that is prescribed in section 14 of The Freedom of Information and Protection of Privacy Regulations. 2. The disclosure must be for the purpose of enforcing a law of Canada or a province or territory or carrying out a lawful investigation. 3. The information must have been requested by the law enforcement agency or investigative body. 4. The disclosure must meet any requirements that are prescribed in The Freedom of Information and Protection of Privacy Regulations.590 590 SK OIPC Investigation Report 275-2017 at [20].
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