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. 191 Prevention means the stopping of something, especially something bad, from happening; to hinder or impede.521 In the context of this provision, it means the stopping of an act or omission that might constitute a terrorist activity. Omission means a failure to do something.522 In the context of this provision, it means by failing to do something (e.g., intentionally not stopping an impending known threat to human life in the name of a religious cause), the failure constitutes a terrorist activity. Terrorist activity is defined at section 83.01 of the Criminal Code of Canada. It includes, for example, an act or omission that is committed in or outside Canada that is committed in whole or in part for a political, religious, or ideological purpose, objective, or cause.523 The provision uses the phrase “may constitute a terrorist activity”. It is possible that it may not be definitive that the act or omission has been determined to constitute a terrorist activity at the time of disclosure because detection, investigation or prevention are occurring or are about to occur. Detection, investigation or prevention must be occurring or are about to occur at the time the disclosure occurs. 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. 521 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1380. 522 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1260. 523 Criminal Code, R.S.C., 1985, c. C-46, Subsection 83.01(b)(i)(A).

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