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. 193 Personal information may be disclosed under this provision if the purpose is to comply with: (i) An Act or a regulation. An Act or a regulation means an Act of the Legislature together with any regulations issued thereunder and includes an Ordinance of the Northwest Territories in force in Saskatchewan.527 The Act or regulation of Saskatchewan may specifically require the disclosure of personal information, or it may not. Either situation fits under this provision. The requirement is that disclosure can occur for the purpose of complying with whatever the Act or regulation requires provided there is a connection between what is being disclosed and what is required to comply. In other words, personal information may be disclosed to enable the local authority to fulfill the requirements of or deliver a service or program or carry out an activity that is authorized by the Act or regulation. Without the disclosure, the aims or objectives of the Act or regulation could not be met.528 (ii) An Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada. An Act of the Parliament of Canada or a regulation encompasses all Acts enacted by the Parliament of Canada together with any regulations issued thereunder.529 A federal Act or regulation may specifically require the disclosure of personal information, or it may not. Either situation fits under this provision. The requirement is that disclosure can occur for the purpose of complying with whatever the federal Act or regulation requires provided there is a connection between what is being disclosed and what is required to comply. In other words, 527 See subsection 2-29 of The Legislation Act, S.S. 2019, Chapter L-10.2. 528 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at pp. 6-158 to 6-159. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 529 Office of the Information Commissioner of Canada, Investigator’s Guide to Interpreting the ATIA, https://www.oic-ci.gc.ca/en/investigators-guide-interpreting-act/section-16-law-enforcementinvestigations-security, accessed on June 14, 2019. Definition relied on in SK OIPC Review Report F2014-001 at [127].

RkJQdWJsaXNoZXIy MTgwMjYzOA==