Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 52 Subsection 28(2)(n): Disclosure of Personal Information Disclosure of personal information 28(2) Subject to any other Act or regulation, personal information in the possession or under the control of a local authority may be disclosed: … (n) for any purpose where, in the opinion of the head: (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (ii) disclosure would clearly benefit the individual to whom the information relates; Subsection 28(2)(n) of LA FOIP is a discretionary provision for the release of personal information without consent in circumstances where the head of the local authority forms the opinion that the public interest “clearly outweighs any invasion of privacy” or where disclosure would “clearly benefit the individual to whom the information relates.” The provision provides local authorities with a tool to help them effectively balance an individual’s right to privacy with other important contextual interests. This provision is relevant for this Chapter as subsection 33(1)(b) of LA FOIP provides that notice must be given to a third party individual where their personal information is being released pursuant to subsection 28(2)(n) of LA FOIP. For more on the application of subsection 28(2)(n) of LA FOIP, see the Guide to LA FOIP, Chapter 6: “Protection of Privacy”.
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