Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 197 1. Does the local authority that is disclosing, also qualify as a law enforcement agency? 2. Does the agency receiving the personal information qualify as a law enforcement agency in Canada or outside Canada? 3. Is the disclosure being made pursuant to an arrangement, written agreement, treaty, or legislative authority? 1. Does the local authority that is disclosing, also qualify as a law enforcement agency? It should be noted that subsection 28(2)(g) of LA FOIP addresses disclosure of personal information to a law enforcement agency. Subsection 28(2)(j) of LA FOIP addresses disclosure by a law enforcement agency (that is also a local authority) to other law enforcement agencies in Canada or abroad. Therefore, for this provision to apply, the local authority disclosing must also qualify as a “law enforcement agency”. In other words, it must meet both definitions (i.e., disclosing and receiving body must be a law enforcement agency). Subsection 28(2) of LA FOIP only applies to local authorities as defined by subsection 2(f) of LA FOIP. Although section 9 of The Local Authority Freedom of Information and Protection of Privacy Regulations defines the bodies that are considered law enforcement agencies and investigative bodies for purposes of subsection 28(2)(g) of LA FOIP, there are several bodies listed that also qualify as local authorities under subsection 2(f) of LA FOIP. Therefore, a starting point could be to check the list at section 9 to see if the local authority disclosing and/or receiving fits under this list. For example, the Regina Police Service would qualify as a law enforcement agency pursuant to subsection 9(b) of the LA FOIP Regulations that could both disclose and receive personal information from another law enforcement agency provided there was an arrangement, written agreement, treaty or legislative authority to do so. Subsection 9(b) of the LA FOIP Regulations provides: 9 For purposes of clause 28(2)(g) of the Act, the following law enforcement agencies and investigative bodies are prescribed as law enforcement agencies or investigative bodies to which personal information may be disclosed: … (b) a police service or regional police service within the meaning of The Police Act, 1990;
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