Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 224 Agreement is a mutual understanding, an arrangement between parties as to a course of action, a contract. An agreement is more precise than an arrangement.638 For purposes of this provision, the agreement must be in writing. Agreements include contracts, memoranda of understanding, collective agreements, etc.639 Treaty is a compact made between two or more independent nations with a view to the public welfare; a binding agreement between states.640 Legislative authority means that disclosure of personal information is authorized by some Act or regulation other than FOIP.641 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.642 638 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. 639 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 271. 640 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. 641 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. 642 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at pp. 270 to 271.

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