Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 263 the applicant submitting the access to information request). SaskPower asserted that it had authority to disclose the personal information to the Minister pursuant to subsection 29(2)(u) of FOIP and subsection 16(k) of The Freedom of Information and Protection of Privacy Regulations. The Commissioner found that SaskPower had authority under these provisions to disclose the complainant’s personal information. However, the Commissioner also found that SaskPower did not abide by the need-to-know and data minimization principles when the personal information was disclosed to the Minister as the Minister did not need to know the identity of the applicant in order to achieve the purpose which was to simply notify the Minister about what information was being released in response to the access to information request. In Review Report 173-2018, the Commissioner reviewed a denial of access by Meewasin Valley Authority (MVA). MVA denied an applicant’s request for access to the amount of severance of a MVA employee when they were let go from employment. MVA applied subsection 29(1) of FOIP to the personal information. Although the Commissioner found that this provision applied, the Commissioner encouraged MVA to consider subsection 29(2)(u) of FOIP and subsection 16(g) of The Freedom of Information and Protection of Privacy Regulations which allowed for discretionary disclosure of personal information. Subsection 29(3) Disclosure of personal information 29(3) A government institution that is a telephone utility may disclose names, addresses and telephone numbers in accordance with customary practices. Subsection 29(3) of FOIP permits a government institution that is also a telephone utility may disclose names, addresses and telephone numbers in accordance with customary practices. Presently, the only government institution under FOIP that is also a telephone utility is Saskatchewan Telecommunications (SaskTel). SaskTel is a Crown corporation pursuant to subsection 2(1)(d)(ii) of FOIP and prescribed at section 3 and Part I of the Appendix of The Freedom of Information and Protection of Privacy Regulations. Customary practice means:
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