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. 251 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. However, the Commissioner has considered the equivalent subsection in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) in Investigation Report 2822018. The Commissioner investigated a privacy complaint involving the Rural Municipality of Parkdale (RM). The complaint alleged that the RM disclosed in meeting minutes that were published to its website, the personal information of a deceased employee in relation to an appeal of compensation benefits the RM was undertaking. Along with other provisions, the RM asserted it had authority to disclose the personal information pursuant to subsection 28(2)(p) of LA FOIP. Although the RM provided copies of five news articles it did not specifically demonstrate how the personal information of the deceased that was disclosed was linked to the media articles. The data elements would have to match up between what was disclosed and what was alleged to be publicly available via the media articles. However, the RM did not provide this. Therefore, the Commissioner found that the RM could not rely on subsection 28(2)(p) of LA FOIP for the disclosure. Subsection 29(2)(q) 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: … (q) to the office of the Provincial Auditor, or to any other prescribed person or body, for audit purposes;

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