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. 226 Subsection 29(2)(k) of FOIP permits a government institution to disclose personal information about an individual without consent to any person or body for research or statistical purposes if the head of the government institution is satisfied the disclosure is not contrary to the public interest and de-identified information would not reasonably accomplish this purpose. In addition, where there is an agreement in place restricting subsequent disclosures of the identifiable personal information. Subsection 29(2)(k) of FOIP enables research to take place while at the same time ensuring that privacy is protected. This is accomplished by the strict conditions set out in the provision. Prior to disclosing personal information for research or statistical purposes under this provision, the government institution must ensure all criteria are met. For a government institution to have authority to disclose under this provision, the following four criteria must be met: 1. Is the disclosure for research or statistical purposes? 2. Is the “head” satisfied that the disclosure is not contrary to the public interest? 3. Is the “head” satisfied that the purpose cannot be reasonably accomplished with deidentified information? 4. Is there a written agreement in place restricting subsequent disclosures of identifiable personal information? 1. Is the disclosure for research or statistical purposes? Research means the systematic investigation into and study of materials, sources, etc., to establish facts and reach new conclusions. For a disclosure of personal information for a "research purpose" to be permissible, the researcher must intend to use the personal information to investigate and ascertain facts or verify theories.643 Statistics is the science of collecting and analyzing numerical data, especially large quantities of data and usually inferring proportions in a whole from proportions in a representative 643 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. See also Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at pp. 270 to 296.

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