Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 186 Agreements concerning the disclosure of personal information by local authorities to other organizations, including federal, provincial, municipal or foreign governments or bodies, should contain: • A description of the personal information to be collected or disclosed. • The authority for collecting, using and/or disclosing personal information. • The purposes for which the personal information is collected, used and/or disclosed. • A statement of all the administrative, technical, and physical safeguards required to protect the confidentiality of the personal information, especially with respect to its use and disclosure. • A statement specifying whether information received by a local authority will be subject to the provisions of LA FOIP or, for other jurisdictions where comparable legislation exists, whether that legislation will apply. • A statement that the disclosure of the personal information will cease if the recipient is discovered to be improperly disclosing the information collected from the local authority. • The names, titles, and signatures of the officials in both the supplying and receiving organizations who are responsible for the terms of the agreement, the date of the agreement and the period for which it is in effect.508 The local authority has discretion under subsection 28(2)(h) of LA FOIP to disclose or not to disclose because of the word “may”. In the absence of a requirement in some other legislation or in an agreement, the local authority should be cautious about disclosing personal information when the person or agency requesting it seems to be on a “fishing expedition” and cannot provide definite and focused information as to the nature of the investigation or law being enforced and why the requested information is necessary.509 To rely on this provision, the local authority should be able have a copy of any agreement or arrangement in place and be able to identify which law(s) and sections of the law(s) the other party is seeking to administer or enforce. In addition, local authorities should be able to show the connection between the personal information to be disclosed and the administration or enforcement of the law or carrying out the lawful investigation (i.e., there should be a connection between what is being disclosed and the purpose).510 508 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at pp. 270 to 271. 509 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-203. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 510 SK OIPC Investigation Report LA-2010-001 at [27] to [30].
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