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. 32 FOIP). See also section 19 of The Freedom of Information and Protection of Privacy Regulations (FOIP Regulations). All staff of the Commissioner sign an oath of office on an annual basis. This oath is sworn before the Commissioner affirming that, except as provided for under LA FOIP, staff will not divulge any information received in the exercise of their powers or performance of their duties and functions at the IPC (see subsection 44(2) of FOIP). See also section 19 of The Freedom of Information and Protection of Privacy Regulations which provides the language for those oaths as follows: Oath of office 19(1) For the purposes of subsection 44(1) of the Act, the following oath or affirmation is prescribed for the commissioner: I,………………..………….., do swear/solemnly affirm that I will faithfully and impartially perform and discharge the duties and functions of the Information and Privacy Commissioner and that I will not, except as provided in The Freedom of Information and Protection of Privacy Act or in The Local Authority Freedom of Information and Protection of Privacy Act, divulge any information received by me in the exercise of my powers or the performance of my duties and functions under those Acts. (2) For purposes of subsection 44(2) of the Act, the following oath or affirmation is prescribed for the members of the staff of the commissioner: I,……………………..…….., do swear/solemnly affirm that I will faithfully and impartially perform and discharge the duties and functions of my office as an employee of the Information and Privacy Commissioner and that I will not, except as provided in The Freedom of Information and Protection of Privacy Act or in The Local Authority Freedom of Information and Protection of Privacy Act, divulge any information received by me in the exercise of my powers or the performance of my duties and functions under those Acts. Subsection 46(1) of FOIP provides that 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. This also applies to the staff of the Commissioner (see subsection 46(2) of FOIP). However, the Commissioner may disclose: • In the course of a review - any matter the Commissioner considers necessary to disclose to facilitate a review [s. 46(3)(a) of FOIP].

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