Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 175 Legal service includes any law-related service performed by a person engaged by a local authority and who is licensed to practice law.479 For purposes of this provision, the legal services must be provided to the local authority by legal counsel. This can include a private bar legal counsel retained to act on behalf of the local authority. 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 In Investigation Report 002-2018, the Commissioner investigated an alleged breach of privacy involving Saskatchewan Polytechnic (SaskPolytech). The complaint alleged SaskPolytech’s legal counsel disclosed the complainant’s personal information at an arbitration hearing. The Commissioner found that SaskPolytech had authority to disclose the Complainant’s personal information at the arbitration hearing pursuant to subsection 28(2)(d) of LA FOIP. Subsection 28(2)(e) 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: … (e) for the purpose of enforcing any legal right that the local authority has against any individual; Subsection 28(2)(e) of LA FOIP provides that a local authority can disclose personal information without consent for the purpose of enforcing any legal right that the local authority has against any individual. 479 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]. It has been adapted to read “engaged by a local authority” for purposes of s. 28(2)(d) of LA FOIP.
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