Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 209 Agreement means a mutual understanding between two or more parties as to a course of action596; a contract between two or more parties creating obligations that are enforceable or otherwise recognizable at law.597 In this case, the agreement would generally be in writing. An agreement is more precise than an “arrangement”. Agreements include contracts, memoranda of understanding, collective agreements, etc.598 Arrangement is a settlement of mutual relations or claims between parties, an arrangement may or may not be in writing.599 Arrangements should, whenever possible, be in writing. A verbal arrangement should be the exception. When an arrangement is unwritten, disclosures should be approved at a senior level within the government institution.600 Administering is the process of managing something; to provide or arrange something officially as part of one’s job.601 Enforcing in this context means the act or process of compelling compliance with a law.602 Law in this context means a statute.603 A lawful investigation is an investigation that is authorized or required and permitted by law.604 The government institution must be able to identify the legislation under which the investigation is occurring. 596 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-202. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 597 Adapted from Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 402. 598 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 271. 599 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-202. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 600 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 271. 601 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 53. 602 Adapted from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 645. 603 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1056. 604 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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