Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 238 FOIP. The Commissioner determined that the disclosure was not authorized by subsection 29(2)(m) of FOIP. In Investigation Report 027-2022, the Commissioner investigated a complaint involving the Ministry of SaskBuilds and Procurement (SaskBuilds). The complaint alleged that SaskBuilds had disclosed the complainant’s personal information without authority to Transport Canada and the complainant’s physician. SaskBuilds asserted that it had authority for the disclosure pursuant to various provisions under subsection 29(2) of FOIP including subsection 29(2)(m) of FOIP. The complainant was an employee of SaskBuilds and was taking training sessions. The information disclosed to Transport Canada pertained to the medical condition of the complainant which SaskBuilds asserted that the medical condition may have affected the physical health or safety of program staff and others. The Commissioner found that subsection 29(2)(m) of FOIP provided authority for SaskBuilds to disclose the complainant’s personal information to Transport Canada and their physician. Subsection 29(2)(n) 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: … (n) in compassionate circumstances, to facilitate contact with the next of kin or a friend of an individual who is injured, ill or deceased; Subsection 29(2)(n) of FOIP permits a government institution to disclose personal information about an individual without consent in certain compassionate circumstances. The compassionate circumstances that must exist for this provision to apply include: 1. The purpose for the disclosure must be to facilitate contact for the individual with their next of kin or a friend. 2. The individual must be injured, ill or deceased 1. Is the purpose of the disclosure to facilitate contact for the individual with their next of kin or a friend?
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