Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 230 3. Section 10.2 of The Local Authority Freedom of Information and Protection of Privacy Regulations provides for the disclosure of the name of a deceased person to the public by a police service or regional police service if the person’s death is being investigated as a homicide by the police service or regional police service. The SK OIPC plans to develop a resource or appendix that will provide guidance on all the various disclosure provisions in The Local Authority Freedom of Information and Protection of Privacy Regulations prescribed pursuant to subsection 28(2)(s) of LA FOIP. When relying on authority pursuant to subsection 28(2)(s) of LA FOIP, local authorities should point to both subsection 28(2)(s) of LA FOIP and the specific subsection in The Local Authority Freedom of Information and Protection of Privacy Regulations that provides the authority. For example, authority can be referred to as follows: Subsection 28(2)(s) of LA FOIP and section 10.2 of The Local Authority Freedom of Information and Protection of Privacy Regulations provides that a police service or a regional police service as defined in The Police Act, 1990, may disclose to the public the name of a deceased person if the death is being investigated as a homicide by the police service or regional police service: 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: … (s) as prescribed in the regulations. 10.2 For the purposes of clause 28(2)(s) of the Act, a police service or regional police service as defined in The Police Act, 1990 may disclose to the public the name of a deceased person if the person’s death is being investigated as a homicide by the police service or regional police service. 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.
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