Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 224 The local authority should assess how public the information really is. Factors such as the circumstances in which the information was released to the public or the media, when it was released, and how much information is properly in the public realm will be relevant.601 For example, a local authority should not automatically treat personal information about an individual as public and freely disclose it to others simply because the information has been published in some form in the media or in a report that has been made public. Depending on the circumstances of the publication, further disclosure may result in a breach of privacy and may even expose the local authority to legal liability (e.g., to a civil suit for defamation).602 “It goes without saying that by appearing in public, an individual does not automatically forfeit his or her interest in retaining control over the personal information which is thereby exposed.”603 If relying on this provision to disclose personal information, it is recommended that legal counsel be consulted. 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 282-2018, the Commissioner investigated an alleged breach of privacy involving the Rural Municipality of Parkdale (RM). The complaint alleged that the RM disclosed in meeting minutes that were published to its website, the personal information of a deceased employee in relation to an appeal of compensation benefits the RM was undertaking. Along with other provisions, the RM asserted it had authority to disclose the personal information pursuant to subsection 28(2)(p) of LA FOIP. Although the RM provided copies of five news articles it did not specifically demonstrate how the personal information 601 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-219. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 602 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-219. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 603 Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62 (CanLII), [2013] 3 SCR 733, at [27].
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