Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 205 reputation of the researcher, and proposed security for the records containing the information.558 4. Is there a written agreement in place restricting subsequent disclosures of identifiable personal information? Agreement is a mutual understanding, an arrangement between parties as to a course of action, a contract.559 For purposes of this provision, the agreement must be in writing. Agreements include contracts, memoranda of understanding, etc.560 Subsection 28(2)(k) of LA FOIP requires that there be a written agreement in place that restricts a researcher from making subsequent disclosures of the personal information in identifiable form that could reasonably be expected to identify the individual(s) to whom it relates. In addition to this, agreements concerning the disclosure of personal information by local authorities to researchers should contain: • A description of the personal information to be disclosed. • The authority for disclosing the personal information. • The purposes for which the personal information will be collected, used and/or disclosed. • A statement that clearly restricts any subsequent disclosures of the personal information by the researcher in a form that could reasonably be expected to identify the individuals. • 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 researcher is discovered to be improperly disclosing the information collected from the local authority. 558 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 297. 559 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-202. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 560 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 271.
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