Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 158 A local authority can disclose personal information provided there is authority to do so under subsection 28(2) of LA FOIP. Subsection 28(2) of LA FOIP provides numerous circumstances under which a local authority may disclose personal information without consent of the individual for which it pertains. See Subsection 28(2)(a) through 28(2)(s) later in this Chapter. However, the local authority that is receiving the personal information, should ensure that it has authority to collect the personal information in the first place under section 24 of LA FOIP (i.e., before relying on subsection 27(b) of LA FOIP to “use” it). If the local authority finds authority under section 24 to collect the personal information, it should also consider subsection 25(3) of LA FOIP for authority to collect the personal information “indirectly”. Local authorities should still abide by the data minimization and need-to-know principles when using personal information. Only use the least amount of personal information necessary to achieve the purpose. Further, only share internally with those that have a needto-know the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. Example: One local authority issues a subpoena to a second local authority, as part of a court case it is preparing. The second local authority is authorized to disclose personal information to the first local authority under subsection 28(2)(b)(i) of LA FOIP in response to the subpoena. Subsection 27(b) of LA FOIP permits the first local authority to “use” that personal information for its court case. Example: A local authority has a client who has just died. It wishes to contact the next of kin of the deceased to inform them of the death but does not have the relative’s address. A second local authority does have the address and, on the request of the first local authority, may disclose it in accordance with subsection 28(2)(m) of LA FOIP. The first local authority may in turn “use” the personal information (address) solely in order to contact the relative and may not “use” it for any other purpose. Interpretation Note Many Reports by the Commissioner have been issued over the years for subsection 27(b) of LA FOIP and the equivalent subsection 28(b) of The Freedom of Information and Protection of Privacy Act (FOIP). However, those reports reflect a former interpretation of this provision.
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