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. 225 of the deceased that was disclosed was linked to the media articles. The data elements would have to match up between what was disclosed and what was alleged to be publicly available via the media articles. However, the RM did not provide this. Therefore, the Commissioner found that the RM could not rely on subsection 28(2)(p) of LA FOIP for the disclosure. Subsection 28(2)(q) 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: … (q) to the commissioner; Subsection 28(2)(q) of LA FOIP permits a local authority to disclose personal information about an individual without consent to the Saskatchewan Information and Privacy Commissioner. The Saskatchewan Information and Privacy Commissioner is an independent Officer of the Legislative Assembly of Saskatchewan. The Office of the Saskatchewan Information and Privacy Commissioner (SK OIPC) investigates privacy complaints involving government institutions, local authorities and health trustees. It also reviews denials of access to information including personal information. To fulfill its mandate, the SK OIPC may need personal information from a local authority. A local authority may disclose personal information without consent to the SK OIPC provided it is for the purpose of enabling performance of the duties of the Commissioner. 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 As of the issuing of this Chapter, the Commissioner has not considered this provision in a Report yet. This section will be updated accordingly when it is considered.

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