Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 31 Section 46 (FOIP): Confidentiality Confidentiality 46(1) Subject to clause 45(2)(e), the commissioner shall not disclose any information that comes to the knowledge of the commissioner in the exercise of the powers, performance of the duties or carrying out of the functions of the commissioner pursuant to this Act. (2) Subsection (1) applies, with any necessary modification, to the staff of the commissioner and any contractors employed by the commissioner. (3) Notwithstanding subsection (1), the commissioner may disclose: (a) in the course of a review pursuant to section 49, any matter that the commissioner considers necessary to disclose to facilitate the review; and (b) in a report prepared pursuant to this Act, any matter that the commissioner considers necessary to disclose to establish grounds for the findings and recommendations in the report. (4) When making a disclosure pursuant to subsection (3), the commissioner shall take every reasonable precaution to avoid disclosure, and shall not disclose: (a) any information or other material if the nature of the information or material could justify a refusal by a head to give access to a record or part of a record; or (b) any information as to whether a record exists if the head, in refusing to give access, does not indicate whether the record exists. (5) Notwithstanding subsection (1), the commissioner may disclose to the Attorney General for Saskatchewan or the Attorney General of Canada information that relates to the commission of an offence against: (a) an Act or a regulation; or (b) an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada; by an officer or employee of a government institution if, in the opinion of the commissioner, there is evidence of the commission of the offence. Section 48 of LA FOIP provides that subsections 43(1), 45, 46, 47 and 66(3) of The Freedom of Information and Protection of Privacy Act (FOIP) are adopted, with any necessary modification, for purposes of LA FOIP. Before entering the duties of office, the Commissioner takes an oath of office before the Speaker of the Legislative Assembly or the Clerk of the Assembly (see subsection 44(1) of
RkJQdWJsaXNoZXIy MTgwMjYzOA==