Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 174 Legal service includes any law related service performed by a person engaged by a local authority and who is licensed to practice law.477 For purposes of this provision, the legal services must be provided to the Government of Saskatchewan or a government institution by the Attorney General for Saskatchewan or by his or her agent or legal counsel. The Ministry of Justice can act as legal advisors for all departments of government.478 Crown Counsel and Crown Prosecutors employed by the Ministry of Justice would fit within this provision. 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)(d) 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: … (d) to legal counsel for a local authority for use in providing legal services to the local authority; Subsection 28(2)(d) of LA FOIP permits a local authority to disclose personal information to its legal counsel for use in providing legal services to the local authority. 477 Definition originated from AB IPC Order 96-017 at [37]. Adopted in SK OIPC Review Report F-2012003 at [96]. Adjusted to include “engaged by a local authority” in Review Report 171-2019 at [119]. 478 SK OIPC Review Report F-2005-002 at [26]. For this interpretation, the Commissioner, relied on The Law of Evidence in Canada.
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