Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 209 Information and Protection of Privacy Act (FOIP) - subsection 29(2)(m). The Commissioner found that SRC was authorized to disclose the opinion about the complainant (that he posed a threat) and the photograph of the complainant pursuant to subsection 29(2)(m) of FOIP. However, the Commissioner also found that SRC was not authorized to use or disclose the other personal information of the complainant. In Investigation Report 282-2018, the Commissioner investigated an alleged breach of privacy involving the Rural Municipality of Parkdale (RM). The complaint alleged that the RM disclosed the personal information of a deceased individual in its council meeting minutes which were posted to the RM’s website. The RM asserted it had authority to disclose the personal information pursuant to several provisions of subsection 28(2) of LA FOIP including subsection 28(2)(l) of LA FOIP. Upon investigation, the Commissioner was not convinced that the RM had demonstrated how the public knowing the deceased’s personal information was necessary to prevent harm from coming to others. As such, the Commissioner found the RM could not rely on subsection 28(2)(l) of LA FOIP for the disclosure. In Investigation Report 322-2017, 120-2018, the Commissioner investigated a proactively reported breach of privacy involving Saskatchewan Legal Aid Commission (Legal Aid) and the Ministry of Corrections and Policing (Corrections). The breach involved an employee at the Saskatoon Correctional Centre disclosing personal information about an individual in custody at the Saskatoon Correctional Centre (SCC) to a Legal Aid employee. Legal Aid and Corrections both asserted the disclosure was authorized pursuant to the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP) - subsection 29(2)(m). The Commissioner determined that the disclosure was not authorized by subsection 29(2)(m) of FOIP. In Investigation Report 027-2022, the Commissioner investigated a complaint involving the Ministry of SaskBuilds and Procurement (SaskBuilds). The complaint alleged that SaskBuilds had disclosed the complainant’s personal information without authority to Transport Canada and the complainant’s physician. SaskBuilds asserted that it had authority for the disclosure pursuant to various provisions including the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP) - subsection 29(2)(m). The complainant was an employee of SaskBuilds and was taking training sessions. The information disclosed to Transport Canada pertained to the medical condition of the complainant which SaskBuilds asserted that the medical condition may have affected the physical health or safety of program staff and others. The Commissioner found that subsection 29(2)(m) of FOIP provided authority for SaskBuilds to disclose the complainant’s personal information to Transport Canada and their physician.
RkJQdWJsaXNoZXIy MTgwMjYzOA==