Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 201 Subsection 28(2)(k) 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: … (k) to any person or body for research or statistical purposes if the head: (i) is satisfied that the purpose for which the information is to be disclosed is not contrary to the public interest and cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates; and (ii) obtains from the person or body a written agreement not to make a subsequent disclosure of the information in a form that could reasonably be expected to identify the individual to whom it relates; Subsection 28(2)(k) of LA FOIP permits a local authority to disclose personal information about an individual without consent to any person or body for research or statistical purposes if the head of the local authority is satisfied the disclosure is not contrary to the public interest and de-identified information would not reasonably accomplish this purpose. In addition, where there is an agreement in place restricting subsequent disclosures of the identifiable personal information. Subsection 28(2)(k) of LA FOIP enables research to take place while at the same time ensuring that privacy is protected. This is accomplished by the strict conditions set out in the provision. Prior to disclosing personal information for research or statistical purposes under this provision, the local authority must ensure all criteria are met. For a local authority to have ability to rely on this provision, the following four criteria must be met: 1. Is the disclosure for research or statistical purposes? 2. Is the “head” satisfied that the disclosure is not contrary to the public interest? 3. Is the “head” satisfied that the purpose cannot be reasonably accomplished with deidentified information?
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