Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 196 the personal information to carry out the purpose. See Need-to-Know and Data Minimization earlier in this Chapter. IPC Findings In Investigation Report 133-2015, the Commissioner investigated a complaint involving Saskatchewan Power Corporation (SaskPower). The complaint alleged that SaskPower inappropriately disclosed the complainant’s personal information and personal health information to the Saskatchewan Workers’ Compensation Board (WCB). SaskPower asserted it had authority to disclose the personal information pursuant to various provisions under The Freedom of Information and Protection of Privacy Act (FOIP including subsection the equivalent subsection 29(2)(i) of FOIP. SaskPower asserted that subsection 52(f) of The Workers’ Compensation Act, 2013 required SaskPower to disclose the personal information. The Commissioner found that SaskPower was authorized by subsection 29(2)(i)(i) of FOIP to disclose the complainant’s personal information to WCB. Subsection 28(2)(j) Disclosure of personal information 28(2) Subject to any other Act or regulation, personal information in the possession or under the control of a local authority may be disclosed: … (j) where disclosure is by a law enforcement agency: (i) to a law enforcement agency in Canada; or (ii) to a law enforcement agency in a foreign country; pursuant to an arrangement, a written agreement or treaty or to legislative authority; Subsection 28(2)(j) of LA FOIP permits a local authority to disclose personal information about an individual without consent where the local authority qualifies as a “law enforcement agency” and the disclosure is to another law enforcement agency in Canada or a foreign country and there is an arrangement, written agreement, treaty or legislative authority to disclose. There are three criteria that must be considered and met before this provision can be relied upon:
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