Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 163 (m) in compassionate circumstances, to facilitate contact with the next of kin or a friend of an individual who is injured, ill or deceased; (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; (o) to the Government of Canada or the Government of Saskatchewan to facilitate the auditing of shared cost programs; (p) if the information is publicly available, including information that is prescribed as publicly available; (q) to the commissioner; (r) for any purpose in accordance with any Act or regulation that authorizes disclosure; or (s) as prescribed in the regulations. Section 28 of LA FOIP prohibits the disclosure of personal information unless the individual about whom the information pertains consents to its disclosure or if disclosure without consent is authorized by one of the enumerated subsections of 28(2) or section 29 of LA FOIP. Disclosure is sharing of personal information with a separate entity, not a division or branch of the local authority in possession or control of that information.449 Exceptions to disclosure with consent are outlined at subsection 28(2) and section 29 of LA FOIP. In addition, sections 10, 10.1 and 10.2 of The Local Authority Freedom of Information and Protection of Privacy Regulations. If one of these exceptions applies, the local authority may disclose without the consent of the individual. Section 28 of LA FOIP only applies to personal information as defined by section 23 of LA FOIP. For the definition and interpretation of what qualifies as “personal information” see Section 23 earlier in this Chapter. Local authorities should still abide by the data minimization and need-to-know principles when disclosing personal information. Only disclose the least amount of personal information necessary to achieve the purpose. Further, only disclose to those that have a need-to-know 449 First defined by SK OIPC in 2008-2009 Annual Report at p. 74.
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