Office of the Saskatchewan Information and Privacy Commissioner. Guidelines for Professional Regulatory Bodies. Updated February 2024. 4 (t) for any purpose in accordance with any Act or regulation that authorizes disclosure; Therefore, professional regulatory bodies should determine if their enabling legislation authorizes them to disclose personal information contained within a discipline related document. It should be noted that while legislation may require the professional regulatory body to disclose information to certain parties, such as the member, legislation may not be authorizing the disclosure of such information to the general public by publishing documents on its website. Professional regulatory bodies must be cognizant of this difference when determining what information within discipline related documents should be posted on their websites. Subsection 29(2)(u) of FOIP/Subsection 16(f) of FOIP Regulations Subsection 29(2)(u) of FOIP and subsection 16(f) of the FOIP Regulations provides that a government institution may disclose personal information for the purpose of commencing or conducting a proceeding or possible proceeding before a tribunal. Subsection 16(f) of the FOIP Regulations provides: 16 For the purposes of clause 29(2)(u) of the Act, personal information may be disclosed: ... (f) for the purpose of commencing or conducting a proceeding or possible proceeding before a court or tribunal; Proceedings may require the professional regulatory body to disclose exhibit books that contains personal information to the member (and the member’s legal counsel). In Investigation Report 109-2016, the Commissioner recommended as a best practice that professional regulatory bodies and their legal counsel carefully review the evidence submitted and redact or de-identify personal information as much as possible. Such redactions or de-identification may have to be done with the member’s legal counsel’s consent. If personal information must remain in the exhibits, then the professional regulatory body should get an undertaking from the member’s legal counsel that the personal information will not be disclosed by them. Subsection 29(2)(u) of FOIP/Subsection 16(g) of FOIP Regulations The disciplining of a member of a profession body is often related to the member’s performance or carrying out of a function, duty or responsibility as an officer or employee of a government institution. Subsection 29(2)(u) of FOIP and subsection 16(g)
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