Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 212 Subsection 29(2)(h.1) 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.1) for any purpose related to the detection, investigation or prevention of an act or omission that might constitute a terrorist activity as defined in the Criminal Code, to: (i) the Government of Canada or its agencies, Crown corporations or other institutions; (ii) the government of another province or territory of Canada, or its agencies, Crown corporations or other institutions; (iii) the government of a foreign jurisdiction or its institutions; (iv) an international organization of states or its institutions; or (v) a local authority as defined in the regulations; Subsection 29(2)(h.1) of FOIP permits a government institution to disclose personal information about an individual without consent for any purpose related to the detection, investigation or prevention of an act or omission that might constitute a terrorist activity as defined in the Criminal Code. For this purpose, the government institution may disclose to any of the enumerated parties listed at subsections 29(2)(h.1)(i) through (v) of FOIP. The enumerated parties listed include: (i) The Government of Canada or its agencies, Crown corporations or other institutions. For subsection 29(2)(h.1)(i) of FOIP to apply, the agencies in question must qualify as either “Government of Canada or its agencies, Crown corporations or other institutions”. Because of the possessive pronoun in this clause, “agencies” and “other institutions” should be understood as federal agencies and federal institutions. For “other institutions”, it should be either federal government institutions as defined by the federal Access to Information Act or institutions controlled by the federal government.608 608 SK OIPC Review Report F-2006-002 at [23] and [32].
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