Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 181 Local authorities should refer to section 9 of The Local Authority Freedom of Information and Protection of Privacy Regulations before disclosing to ensure the body being disclosed to qualifies as a “law enforcement agency” or “investigative body”. For subsection 28(2)(g) of LA FOIP to apply, the following circumstances must be met: 1. The disclosure must be made to a law enforcement agency or an investigative body that is prescribed in section 9 of The Local Authority Freedom of Information and Protection of Privacy Regulations. 2. The disclosure must be for the purpose of enforcing a law of Canada or a province or territory or carrying out a lawful investigation. 3. The information must have been requested by the law enforcement agency or investigative body. 4. The disclosure must meet any requirements that are prescribed in The Local Authority Freedom of Information and Protection of Privacy Regulations.491 A lawful investigation is an investigation that is authorized or required and permitted by law.492 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 275-2017, the Commissioner investigated a complaint involving Saskatchewan Power Corporation (SaskPower). The complaint alleged that SaskPower disclosed the complainant’s personal information to the Regina Police Service. SaskPower asserted it had authority to disclose the complainant’s personal information without consent pursuant to the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP) (subsection 29(2)(g)). The Commissioner found that the Regina Police Service (RPS) 491 SK OIPC Investigation Report 275-2017 at [20]. 492 First defined in SK OIPC Review Report 93/021 at p. 6. Adopted in SK OIPC Review Report F-2004006 at [26] and F-2014-001 at [160].
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