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. 248 Commissioner recommended the City of Saskatoon consider subsection 28(2)(n)(i) of LA FOIP. Subsection 29(2)(o)(ii) 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: … (ii) disclosure would clearly benefit the individual to whom the information relates; Subsection 29(2)(o)(ii) of FOIP permits a government institution to disclose personal information about an individual without consent where the disclosure would clearly benefit the individual. Clearly means visible, unmistakable, beyond a question or beyond a reasonable doubt; honestly, straightforwardly, and frankly; plainly.698 Benefit means a favourable or helpful factor or circumstance; advantage, profit.699 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. 698 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. 699 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.

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