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. 221 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 162-2020, the Commissioner investigated a privacy complaint involving the Water Security Agency (WSA). The complaint alleged that the WSA disclosed the complainant’s personal information to the Town of Radisson. The WSA asserted it had authority to disclose the personal information pursuant to the equivalent subsection 29(2)(o)(ii) of The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner found that the WSA did not demonstrate that the disclosure would clearly benefit the individual. As such, the Commissioner found that subsection 29(2)(o)(ii) of FOIP did not provide authority for the disclosure. Subsection 28(2)(o) 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: … (o) to the Government of Canada or the Government of Saskatchewan to facilitate the auditing of shared cost programs; Subsection 28(2)(o) of LA FOIP permits a local authority to disclose personal information about an individual without consent if it is to the Government of Canada or the Government of Saskatchewan to facilitate the auditing of shared cost programs. Government of Canada means the Crown in right of Canada.593 Government of Saskatchewan means the Crown in right of Saskatchewan.594 593 The Legislation Act, SS 2019, c L-10.2 at s. 2-29. 594 The Legislation Act, SS 2019, c L-10.2 at s. 2-29.

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