Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 210 The investigation must be active and ongoing or be occurring in the future because of the phrase “carrying out a lawful investigation”. If the lawful investigation were concluded, it could not be carried out. Agreements concerning the disclosure of personal information by government institutions to other organizations, including federal, provincial, municipal or foreign governments or bodies, should contain: • A description of the personal information to be collected or disclosed. • The authority for collecting, using and/or disclosing personal information. • The purposes for which the personal information is collected, used and/or disclosed. • A statement of all the administrative, technical, and physical safeguards required to protect the confidentiality of the personal information, especially with respect to its use and disclosure. • A statement specifying whether information received by a government institution will be subject to the provisions of FOIP or, for other jurisdictions where comparable legislation exists, whether that legislation will apply. • A statement that the disclosure of the personal information will cease if the recipient is discovered to be improperly disclosing the information collected from the government institution. • The names, titles, and signatures of the officials in both the supplying and receiving organizations who are responsible for the terms of the agreement, the date of the agreement and the period for which it is in effect.605 The government institution has discretion under subsection 29(2)(h) of FOIP to disclose or not to disclose because of the word “may”. In the absence of a requirement in some other legislation or in an agreement, the government institution should be cautious about disclosing personal information when the person or agency requesting it seems to be on a “fishing expedition” and cannot provide definite and focused information as to the nature of the investigation or law being enforced and why the requested information is necessary.606 To rely on this provision, the government institution should be able have a copy of any agreement or arrangement in place and be able to identify which law(s) and sections of the law(s) the other party is seeking to administer or enforce. In addition, government institutions 605 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at pp. 270 to 271. 606 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-203. Available at Chapter (gov.mb.ca). Accessed December 15, 2022.
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