Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 198 2. Does the agency receiving the personal information qualify as a law enforcement agency in Canada or outside Canada? The local authority/law enforcement agency can disclose personal information to: (i) Another law enforcement agency in Canada. (ii) Another law enforcement agency in a foreign country. A law enforcement agency means an agency primarily engaged in: • Enforcing an Act or regulation (or enactment). • Policing. • Investigations or inspections that could result in a penalty or sanction being imposed or that are otherwise conducted for the purpose of enforcing an Act or regulation (enactment). • Proceedings that could result in a penalty or sanction being imposed or that are otherwise conducted for the purpose of enforcing an Act or regulation (or enactment).537 Again, 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. Some of those bodies would also qualify as “law enforcement agencies in Canada” for purposes of subsection 28(2)(j)(i) of LA FOIP. However, the list is not complete and does not include law enforcement agencies in foreign countries. The above definition for “law enforcement agency” can be relied upon in addition for subsections 28(2)(j)(i) and (ii) of LA FOIP. There may also be Acts or regulations (enactments) in the foreign country that indicate whether the agency being disclosed to qualifies as a “law enforcement agency”. Examples of law enforcement agencies in a foreign country include the Metropolitan Police in England, the Federal Bureau of Investigation and the Unites States Citizenship and Immigration Services and Interpol.538 537 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at pp. 6-200 to 6-201. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 538 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 284.
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