Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 221 Subsection 29(2)(j) 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: … (j) where disclosure is by a law enforcement agency: (i) to a law enforcement agency in Canada; or (ii) to a law enforcement agency in a foreign country; pursuant to an arrangement, a written agreement or treaty or to legislative authority; Subsection 29(2)(j) of FOIP permits a government institution to disclose personal information about an individual without consent where the government institution qualifies as a “law enforcement agency” and the disclosure is to another law enforcement agency in Canada or a foreign country and there is an arrangement, written agreement, treaty, or legislative authority to disclose. There are three criteria that must be considered and met before this provision can be relied upon: 1. Does the government institution that is disclosing, also qualify as a law enforcement agency? 2. Does the agency receiving the personal information qualify as a law enforcement agency in Canada or outside Canada? 3. Is the disclosure being made pursuant to an arrangement, written agreement, treaty, or legislative authority? 1. Does the government institution that is disclosing, also qualify as a law enforcement agency? It should be noted that subsection 29(2)(g) of FOIP addresses disclosure of personal information to a law enforcement agency. Subsection 29(2)(j) of FOIP addresses disclosure by a law enforcement agency (that is also a government institution) to other law enforcement agencies in Canada or abroad.
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