Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 253 FOIP Regulations has a number of requirements in terms of the consent gathered. This includes that the consent: • Relate to the purpose for which the information is required; • Be informed; • Be given voluntarily; and • Not be obtained through misrepresentation, fraud or coercion. Without consent, personal information cannot be released unless one of the provisions under subsection 28(2) of LA FOIP applies. For more on subsection 28(2) of LA FOIP, see the Guide to LA FOIP, Chapter 6, “Protection of Privacy”. Releasing personal information without proper authority could constitute a breach of privacy. Section 29: Personal Information of Deceased Individual Personal information of deceased individual 29(1) Subject to subsection (2) and to any other Act, the personal information of a deceased individual shall not be disclosed until 25 years after the death of the individual. (2) Where, in the opinion of the head, disclosure of the personal information of a deceased individual to the individual's next of kin would not constitute an unreasonable invasion of privacy, the head may disclose that personal information before 25 years have elapsed after the individual's death. Subsection 29(1) Personal information of deceased individual 29(1) Subject to subsection (2) and to any other Act, the personal information of a deceased individual shall not be disclosed until 25 years after the death of the individual. Subsection 29(1) of LA FOIP provides that the personal information of a deceased individual cannot be disclosed until 25 years after the death of the individual. When considering the application of this provision, local authorities should also consider whether section 49 of LA FOIP (Exercise of rights by other persons) has any application in the circumstances. In some instances, personal representatives may be exercising a right or power as it relates to the administration of the individual’s estate. Furthermore, there may be written

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