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. 176 The following three-part test can be applied:480 1. Does the local authority have a legal right A legal right is a right based on a statute or regulation or on common law (that is, judgemade law).481 2. Is the legal right against an individual Individual means natural persons (human beings).482 Use of the word individual in this provision makes it clear that the enforcement of the legal right must be against only natural persons or human beings.483 3. Was disclosure made for the purpose of enforcing that legal right Enforcement in this context means the act or process of compelling compliance with a legal right that the local authority has.484 Disclosure for purposes of this provision may be: • To legal counsel. • To any person authorized to enforce the legal right of the local authority.485 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 480 Three part test first introduced in SK OIPC Investigation Report 068-2020 at [33]. 481 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-189. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 482 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 924, 1238 and 1378. 483 ON IPC Order 16 at p. 19. See also Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 2, Scope of FIPPA – Who and What Falls under FIPPA at p. 44. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_2.pdf. Accessed on April 24, 2020. 484 Adapted from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 645. 485 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-190. Available at Chapter (gov.mb.ca). Accessed December 14, 2022.

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