Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 208 The decision to disclose must be made on a case-by-case basis, and the decision must be made carefully and sensitively. But privacy laws do not stand in the way of a local authority disclosing personal information where necessary to protect an individual or the public. In the words of the Ontario and British Columbia Information and Privacy Commissioners, sometimes “life trumps privacy, and our laws reflect that reality”.570 Examples: • Disclosure of personal information about a dangerous offender being released from a correctional institution. • Disclosure to another local authority or agency that a client is known to behave violently toward employees when the other local authority or agency is likely to encounter this client, so appropriate precautions may be taken to protect employees (such as arranging for the presence of a security guard, etc.). 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 In Investigation Report 107-2014, the Commissioner investigated a complaint involving the Saskatchewan Research Council (SRC). The complaint alleged that SRC sent emails to SRC staff and board members advising employees that the complainant intended to commence a lawsuit against SRC and that he had submitted access to information requests. The emails indicated that if the complainant showed up at SRC, staff should ask him to leave and advise him he is only to communicate through SRC legal counsel. The emails also stated that if staff felt threatened or he refused to leave to contact police. SRC asserted that it had authority to disclose the personal information pursuant to the equivalent provision in The Freedom of 570 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-182. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. Quote of Commissioner also from Manitoba resource but originated from Practice Tools for Exercising Discretion: Emergency Disclosure of Personal Information by Universities, Colleges and other Educational Institutions, October 2008, page 1. This joint paper of the Ontario and B.C. IPC’s and can be found on the ON IPC website at: 1464 (oipc.bc.ca).
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