Guide to LA FOIP-Chapter 2

Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 17 Local authorities should be aware of section 28.1 of LA FOIP. It requires local authorities to notify an individual of an unauthorized use or disclosure of the individual’s personal information by the local authority if it is reasonable in the circumstances to believe that the incident creates a real risk of significant harm to the individual. For more on this, see the Guide to LA FOIP, Chapter 6, “Protection of Privacy” at Section 28.1. INFORMATION & PRIVACY COMMISSIONER - ROLES & RESPONSIBILITIES The Saskatchewan Information and Privacy Commissioner is an independent Officer of the Legislative Assembly. Commencing November 1, 2003, the Commissioner became a full-time position and resources were provided to enable a stand-alone office. Prior to this, the Commissioner was a part-time position and there was no office.21 The enabling statute creates the powers and duties of the Commissioner. In this case, that statute is LA FOIP. Under LA FOIP, the Commissioner has oversight over compliance with the Act by all local authorities in Saskatchewan that are subject to it. LA FOIP provides for independent reviews of decisions made by local authorities under LA FOIP and the resolution of privacy complaints. There are four elements in the Commissioner’s mandate: 1. The Commissioner responds to requests for review of decisions made by local authorities in response to access requests and makes recommendations to local authorities. 2. The Commissioner responds to complaints from individuals who believe their privacy has not been respected by local authorities and makes recommendations to those local authorities. 3. The Commissioner provides advice to local authorities on legislation, policies or practices that may impact access or privacy rights. 21 SK OIPC Annual Report - 2003-2004 at p. 7.

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