Use, Access and Disclosure of Information

The “use” of personal information refers to the ability of school division personnel or contractors working directly with the school division to utilize the personal information the school division has collected or created. Section 27 of LAFOIP provides that personal information may be used by the board of education (board) for the purpose for which it was obtained or compiled, or for a use that is consistent with that purpose.

“Access” to personal information refers to the right of an individual to have access to his or her own personal information held by a local authority such as a school division. Section 30 of LAFOIP sets out the right of the individual to access such information.

The “disclosure” of personal information refers to the sharing of such information with third parties – those who are not part of the board or its employees. LAFOIP in section 28(2)(a) sets out the circumstances in which personal information may be disclosed. If the disclosure is not allowed by section 28(2) or by some other specific section of LAFOIP the personal information cannot be disclosed.

LAFOIP starts with the assumption that all information possessed by a local authority must be released to anyone who requests the information. Section 5 of LAFOIP provides that:

5. Subject to this Act and the regulations, every person has a right to and, on an application made in accordance with this part, shall be permitted access to records that are in the possession or under the control of a local authority.

A board must disclose a record unless it fits within an exemption in Part III or Section 28 of LAFOIP.

For more information on the difference between access requests and disclosure view a presentation by the Office of the Saskatchewan Information and Privacy Commissioner titled Access Requests vs. Disclosures.