Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 223 Subsection 28(2)(p) 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: … (p) if the information is publicly available, including information that is prescribed as publicly available; Subsection 28(2)(p) of LA FOIP permits a local authority to disclose personal information about an individual without consent if the information is publicly available, including information that is prescribed in The Local Authority Freedom of Information and Protection of Privacy Regulations as publicly available. Subsection 2(i) of LA FOIP provides: 2 In this Act: … (i) “prescribed” means prescribed in the regulations; At the time of this Chapter being issued, The Local Authority Freedom of Information and Protection of Privacy Regulations did not have a provision that prescribed any information as “publicly available”. However, subsection 28(2)(p) of LA FOIP is an amendment to LA FOIP that came into force on January 1, 2018 so this could change in the future. Publicly available means published material, material that is a matter of public record (for example, through a public registry).598 Published material is material that is made known to people in general, an advising of the public or making known of something to the public for a purpose.599 Public record is defined as a record that a government unit is required by law to keep, such as land deeds kept at a county courthouse. Public records are generally open to view by the public.600 598 SK OIPC Review Report LA-2012-004 at [11]. 599 SK OIPC Review Report 249-2017 at [7]. 600 Garner, Bryan A., 2004. Black’s Law Dictionary, 8th Edition. St. Paul, Minn.: West Group at p. 1301, relied on in Germain v. Automobile Injury Appeal Commission, 2009 SKKB 106 (CanLII) at [69] and [72]. Also cited in SK OIPC Investigation Report LA-2012-001 at [14] to [17].
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