Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 171 authority should not automatically assume that subpoena, warrant, or order is valid in Saskatchewan.469 A local authority should consult with legal counsel immediately upon receipt of a subpoena, warrant or order to determine: • Whether the document is properly authorized and drafted. • Whether the document has been properly served. • Whether the information required to be produced is legally compellable or whether there are some legal grounds for opposing the subpoena, warrant or order. • What information must be provided to comply with the subpoena, warrant or order.470 Local authorities should keep subsections 4(c) and (d) of LA FOIP in mind when dealing with subsection 28(2)(b)(i) of LA FOIP. 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 the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. IPC Findings As of the issuing of this Chapter, the Commissioner has not considered this provision in a Report yet. This section will be updated accordingly when it is considered. Subsection 28(2)(b)(ii) 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: … 469 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 274. 470 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at pp. 6-185 to 6-186. Available at Chapter (gov.mb.ca). Accessed December 14, 2022.
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