Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 222 Therefore, for this provision to apply, the government institution disclosing must also qualify as a “law enforcement agency”. In other words, it must meet both definitions (i.e., disclosing and receiving body must be a law enforcement agency). Subsection 29(2) of FOIP only applies to government institutions as defined by subsection 2(1)(d) of FOIP. Although section 14 of The Freedom of Information and Protection of Privacy Regulations defines the bodies that are considered law enforcement agencies and investigative bodies for purposes of subsection 29(2)(g) of FOIP, there are several bodies listed that also qualify as “government institutions” under subsection 2(1)(d) of FOIP. Therefore, a starting point could be to check the list at section 14 to see if the government institution disclosing and/or receiving fits under this list. For example: 14 For purposes of clause 29(2)(g) of the Act, the following law enforcement agencies and investigative bodies are prescribed as law enforcement agencies or investigative bodies to which personal information may be disclosed: … (d) the Ministry of Environment with respect to the conduct of investigations pursuant to the Acts and regulations that it administers and any laws of Canada that are enforced by its officers or employees; 2. Does the agency receiving the personal information qualify as a law enforcement agency in Canada or outside Canada? The government institution/law enforcement agency can disclose personal information to: (i) Another law enforcement agency in Canada. (ii) Another law enforcement agency in a foreign country. A law enforcement agency means an agency primarily engaged in: • Enforcing an Act or regulation (or enactment). • Policing. • Investigations or inspections that could result in a penalty or sanction being imposed or that are otherwise conducted for the purpose of enforcing an Act or regulation (enactment).
RkJQdWJsaXNoZXIy MTgwMjYzOA==