Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 206 A lawful investigation is an investigation that is authorized or required and permitted by law.591 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. IPC Findings In Investigation Report 275-2017, the Commissioner investigated a complaint involving Saskatchewan Power Corporation (SaskPower). The complaint alleged that SaskPower disclosed the complainant’s personal information to the Regina Police Service. SaskPower asserted it had authority to disclose the complainant’s personal information without consent pursuant to subsection 29(2)(g) of FOIP. The Commissioner found that the Regina Police Service (RPS) qualified as a “law enforcement agency” for purposes of subsection 29(2)(g) of FOIP. Further, that the disclosure was made for the purposes of an RPS investigation of a bomb threat which qualified as a “lawful investigation”. Further, RPS requested the material from SaskPower. Finally, there were no additional requirements listed in The Freedom of Information and Protection of Privacy Regulations. Therefore, the Commissioner found that SaskPower had authority to disclose the complainant’s personal information to the RPS pursuant to subsection 29(2)(g) of FOIP. Subsection 29(2)(h) 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: … (h) pursuant to an agreement or arrangement between the Government of Saskatchewan or a government institution and: 591 First defined in SK OIPC Review Report 93/021 at p. 6. Adopted in SK OIPC Review Report F-2004006 at [26] and F-2014-001 at [160].
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