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. 226 Subsection 28(2)(r) 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: … (r) for any purpose in accordance with any Act or regulation that authorizes disclosure; Subsection 28(2)(r) of LA FOIP permits a local authority to disclose personal information about an individual without consent for any purpose in accordance with an Act or regulation that authorizes disclosure. Purpose means the purpose for which personal information is being obtained or compiled, the object to be attained or the thing intended to be done, e.g., the administration of a program, the provision of a service or other activity.604 An Act or a regulation means an Act of the Legislature together with any regulations issued thereunder and includes an Ordinance of the Northwest Territories in force in Saskatchewan.605 It does not include Acts or regulations in other jurisdictions. To authorize means to give official permission to do something; sanction or warrant; to formally approve.606 The Act or regulation of Saskatchewan may specifically require the disclosure of personal information, or it may simply “authorize” it. Either situation fits under this provision. However, if the Act or regulation requires disclosure, subsection 28(2)(i)(i) of LA FOIP may also provide authority to disclose. 604 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 605 See subsection 2-29 of The Legislation Act, S.S. 2019, Chapter L-10.2. 606 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 165.

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