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. 240 This provision does not permit the disclosure of the nature of the illness, injury, or death.684 Such information is “personal health information” and can only be disclosed in accordance with The Health Information Protection Act (HIPA). For example, see subsection 27(2)(c) of HIPA. Government institutions should still abide by the data minimization and need-to-know principles when disclosing personal information. Only disclose the least amount of personal information necessary to achieve the purpose. Further, only disclose to those that have a need-to-know the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. IPC Findings As of the issuing of this Chapter, the Commissioner has not considered this provision in a Report yet. This section will be updated accordingly when it is considered. Subsection 29(2)(o) 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: … (o) for any purpose where, in the opinion of the head: (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (ii) disclosure would clearly benefit the individual to whom the information relates; Subsection 29(2)(o) of FOIP permits a government institution to disclose personal information about an individual without consent for any purpose where one of the enumerated circumstances exists. To rely on this provision, one of the following two circumstances must exist: 684 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-215. Available at Chapter (gov.mb.ca). Accessed December 15, 2022.

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