Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 260 In Investigation Report 249-2017, the Commissioner investigated a complaint involving the Ministry of Justice and Attorney General (Justice). The complaint alleged that Justice published the complainant’s home address in The Saskatchewan Gazette (the Gazette) after the complainant registered his home-based business in 2017. Although Justice relied on subsection 3(1)(a) of FOIP to assert that FOIP did not apply, the Commissioner also commented on subsection 29(2)(t) of FOIP in this investigation. The Commissioner noted that subsection 14(1) and (2) of The Business Names Registration Regulations authorizes entire declarations be published in the Gazette. Despite this, the Commissioner suggested that the best practice be to only publish the least amount of information in relation to details of the registration. The Commissioner found that Justice did not have authority to make personal information publicly available on the registry accessible through Information Services Corporation. The Commissioner recommended Justice study the issue through a privacy impact assessment and consider whether to change the practice or amend The Business Names Registration Regulations. Subsection 29(2)(u) 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: … (u) as prescribed in the regulations. Subsection 29(2)(u) of FOIP permits a government institution to disclose personal information about an individual without consent if disclosure is prescribed in The Freedom of Information and Protection of Privacy Regulations. Subsection 2(1)(h) of FOIP provides: 2(1) In this Act: … (h) “prescribed” means prescribed in the regulations; There are three provisions in The Freedom of Information and Protection of Privacy Regulations which are prescribed pursuant to subsection 29(2)(u) of FOIP and permit additional disclosures not covered in FOIP. These three provisions are as follows:
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