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. 227 If disclosure of personal information is “authorized” – but not required – by an Act or regulation, the local authority has more discretion as to whether to disclose the information.607 Subsection 28(2)(r) of LA FOIP provides that disclosure can occur for any purpose provided the other Act or regulation “authorizes” disclosure of personal information. Purposes can include, but is not limited to, enabling the other local authority, person, or organization to fulfill the requirements of, deliver a service or program or carry out an activity that is authorized by the Act or regulation. Without the disclosure, the aims or objectives of the Act or regulation may not be met.608 The personal information disclosed and the authorizing provision in the other Act or regulation should have a connection. The local authority must ensure that the disclosure is strictly in compliance with the Act or regulation that authorizes the disclosure.609 The personal information must be relevant for the purpose. Before disclosing personal information under subsection 28(2)(r) of LA FOIP in response to a request, a local authority should ask the receiving party to provide their legal authority for collecting the information. A local authority requesting personal information from another local authority should be able to provide the disclosing local authority with its legal authority for collecting the information.610 Example: Section 20 of The Correctional Services Regulations, 2013 authorizes use and disclosure of any information as follows: Use or disclosure of information 20 Any information obtained from inmate communication, including information obtained as a result of the monitoring of inmate communication or the interception, opening or examination of mail, may be used or disclosed: 607 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 272. 608 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at pp. 6-158 to 6-159. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 609 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 272. 610 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 273.

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