Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 241 • The public interest in disclosure clearly outweighs any invasion of privacy that could result from disclosure; or • Disclosure would clearly benefit the individual to whom the information relates. Subsection 29(2)(o)(i) 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 Subsection 29(2)(o)(i) of FOIP provides that a government institution can disclose personal information about an individual without consent for any purpose where the public interest in disclosure clearly outweighs any invasion of privacy that could result from disclosure. This provision requires the exercise of discretion by the “head” of the government institution. Disclosure can be for any purpose provided the criteria in subsection 29(2)(o)(i) of FOIP are met. The following test can be applied to assist with determining whether to rely on this provision: 1. Is the information “personal information” as defined by FOIP? 2. Is there a public interest in the personal information? 3. Does the public interest clearly outweigh any invasion of privacy?685 685 This three-part test was established in SK OIPC Review Report 082-2017 at [26]. The report dealt with the equivalent provision in The Local Authority Freedom of Information and Protection of Privacy Act, section 28(2)(n)(i). It was adopted for purposes of subsection 29(2)(o)(i) of FOIP in Review Report 173-2018 at [22].
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