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. 200 • A description of the personal information to be collected or disclosed. • The authority for collecting, using and/or disclosing personal information. • The purposes for which the personal information is collected, used and/or disclosed. • A statement of all the administrative, technical, and physical safeguards required to protect the confidentiality of the personal information, especially with respect to its use and disclosure. • A statement specifying whether information received by a local authority will be subject to the provisions of LA FOIP or, for other jurisdictions where comparable legislation exists, whether that legislation will apply. • A statement that the disclosure of the personal information will cease if the recipient is discovered to be improperly disclosing the information collected from the local authority. • The names, titles, and signatures of the officials in both the supplying and receiving organizations who are responsible for the terms of the agreement, the date of the agreement and the period for which it is in effect.545 A local authority that is a law enforcement agency has a discretion under subsection 28(2)(j) of LA FOIP to disclose or not to disclose personal information to another law enforcement agency. In the absence of a requirement in some other legislation or in an agreement or treaty, a Saskatchewan local authority/law enforcement agency should be cautious about disclosing personal information. It is recommended that local authorities consult with legal counsel before relying on subsection 28(2)(j) of LA FOIP. 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. 545 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at pp. 270 to 271.

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