Guide to LA FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 168 information in the petition pursuant to subsection 28(2)(a) of LA FOIP. In coming to this finding, the Commissioner found that petitions are not intended to be kept secret. The names of individuals signing petitions are not normally supplied in confidence. In Investigation Report 062-2016, the Commissioner investigated a complaint involving Keewatin Yatthe Regional Health Authority (Keewatin). The complaint alleged that Keewatin inappropriately used the individual’s personal information (employee conduct) when it disclosed the personal information to the Saskatchewan Union of Nurses (SUN). The Commissioner found that SUN was the union that would represent the individual, as an Occupational Health and Safety investigation had occurred, it was reasonable for Keewatin to notify SUN that one of their members had faced an investigation relating to professional misconduct and harassment. The Commissioner found the disclosure was authorized by subsection 28(2)(a) of LA FOIP. Subsection 28(2)(b) 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: … (b) for the purpose of complying with: (i) a subpoena or warrant issued or order made by a court, person or body that has the authority to compel the production of information; or (ii) rules of court that relate to the production of information; Subsection 28(2)(b) of LA FOIP permits a local authority to disclose personal information without consent for the purpose of complying with a subpoena, warrant or order that compels the production of information or to comply with rules of court that relate to the production of information.

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