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. 235 found that disclosure to the retail store managers and supervisors that had a role in overseeing the complainant’s performance or conduct at their respective stores was consistent with subsections 28(b) and 29(2)(l)(iii) of FOIP. Subsection 29(2)(m) 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: … (m) where necessary to protect the mental or physical health or safety of any individual; Subsection 29(2)(m) of FOIP permits a government institution to disclose personal information about an individual without consent where it is necessary to protect the mental or physical health or safety of any individual. Like other privacy laws in Canada, FOIP permits disclosure to protect health and safety. However, it must be “necessary” to protect that health and safety. Necessary in this context means where the government institution would be unable to protect the mental or physical health or safety of the individual properly or adequately or the group without disclosing the personal information in the proposed manner.669 Protect means keep safe from harm or injury.670 Safety means the state of being protected from or guarded against hurt or injury; freedom from danger.671 669 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-182. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 670 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1149. 671 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2647.

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