Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 164 the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. Subsection 28(1) 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 requires a local authority to have consent of the individual prior to disclosing that person’s personal information. 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.450 Consent means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another; it supposes a physical power to act, a moral power of acting and a serious, determined, and free use of these powers.451 Subsection 28(1) of LA FOIP requires consent be given in “the prescribed manner”. Subsection 2(i) of LA FOIP provides: 2 In this Act: … (i) “prescribed” means prescribed in the regulations; Section 11 of The Local Authority Freedom of Information and Protection of Privacy Regulations sets out the manner in which consent should be acquired: 11(1) If consent is required by the Act for the collection, use or disclosure of personal information, the consent: 450 First defined by SK OIPC in 2008-2009 Annual Report at p. 74. 451 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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