Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 258 If disclosure of personal information is “authorized” – but not required – by an Act or regulation, the government institution has more discretion as to whether to disclose the information.714 Subsection 29(2)(t) of FOIP provides that disclosure can occur for any purpose provided the other Act or regulation “authorizes” disclosure of personal information. Purposes can include, but is not limited to, enabling the other government institution, person, or organization to fulfill the requirements of, deliver a service or program or carry out an activity that is authorized by the Act or regulation. Without the disclosure, the aims or objectives of the Act or regulation may not be met.715 The personal information disclosed and the authorizing provision in the other Act or regulation should have a connection. The government institution must ensure that the disclosure is strictly in compliance with the Act or regulation that authorizes the disclosure.716 The personal information must be relevant for the purpose. Before disclosing personal information under subsection 29(2)(t) of FOIP in response to a request, a government institution should ask the receiving party to provide their legal authority for collecting the information. A government institution requesting personal information from another government institution should be able to provide the disclosing government institution with its legal authority for collecting the information.717 Example: Section 20 of The Correctional Services Regulations, 2013 authorizes use and disclosure of any information as follows: Use or disclosure of information 20 Any information obtained from inmate communication, including information obtained as a result of the monitoring of inmate communication or the interception, opening or examination of mail, may be used or disclosed: 714 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 272. 715 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at pp. 6-158 to 6-159. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 716 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 272. 717 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 273.
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