Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 252 Legal service includes any law-related service performed by a person engaged by the local authority and who is licenced to practice law.883 The local authority should explain how the correspondence relates to a matter involving advice or other services provided by legal counsel. Subsection 28(1): Disclosure of Personal Information Disclosure of Personal Information 28(1) No local authority shall disclose personal information in its possession or under its control without the consent, given in the prescribed manner, of the individual to whom the information relates except in accordance with this section or section 29. Subsection 28(1) of LA FOIP protects the privacy of individuals whose personal information may be contained within records responsive to an access to information request made by someone else. Subsection 28(1) of LA FOIP requires a local authority to have the consent of the individual whose personal information is in the record prior to disclosing it. When dealing with information in a record that appears to be personal information, the first step is to confirm the information indeed qualifies as personal information pursuant to section 23 of LA FOIP. For more on what constitutes personal information, see the Guide to LA FOIP, Chapter 6, “Protection of Privacy” for a detailed explanation of section 23 of LA FOIP and the definition of personal information. Once confirmed as personal information, the local authority needs to determine if getting consent from the individual is reasonable. There may be circumstances where getting consent is possible. However, in some circumstances it may not be reasonable to do so. Reasonable means what is fair, proper, or moderate under the circumstances; sensible.884 The consent must be in writing pursuant to section 11 of The Local Authority Freedom of Information and Protection of Privacy Regulations (LA FOIP Regulations). Section 11 of the LA 883 Definition originated from AB IPC Order 96-017 at [37]. Adopted in SK OIPC Review Report F-2012003 at [96]. 884 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1518.
RkJQdWJsaXNoZXIy MTgwMjYzOA==