Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 249 IPC Findings In Investigation Report 162-2020, the Commissioner investigated a privacy complaint involving the Water Security Agency (WSA). The complaint alleged that the WSA disclosed the complainant’s personal information to the Town of Radisson. The WSA asserted it had authority to disclose the personal information pursuant to subsection 29(2)(o)(ii) of FOIP. The Commissioner found that the WSA did not demonstrate that the disclosure would clearly benefit the individual. As such, the Commissioner found that subsection 29(2)(o)(ii) of FOIP did not provide authority for the disclosure. Subsection 29(2)(p) 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: … (p) if the information is publicly available, including information that is prescribed as publicly available; Subsection 29(2)(p) of FOIP permits a government institution to disclose personal information about an individual without consent if the information is publicly available, including information that is prescribed in The Freedom of Information and Protection of Privacy Regulations as publicly available. Subsection 2(1)(h) of FOIP provides: 2(1) In this Act: … (h) “prescribed” means prescribed in the regulations; At the time of this Chapter being issued, The Freedom of Information and Protection of Privacy Regulations did not have a provision that prescribed any information as “publicly available”. However, subsection 29(2)(p) of FOIP is an amendment to FOIP that came into force on January 1, 2018 so this could change in the future.
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