A Minister’s Guide to Protecting Personal Information 9 Retention and destruction of personal information There is a statutory requirement for Ministers to transfer records to the Saskatchewan Archives Board. For information on the Provincial Archives of Saskatchewan, see www.saskarchives.com. WHAT IS REQUIRED TO OBTAIN THE CONSENT TO COLLECT, USE AND DISCLOSE PERSONAL INFORMATION? Section 18 of the FOIP Regulations describes the standard of consent when consent is required for the collection, use and disclosure of personal information. Section 18 of the Regulations provides: 18(1) If consent is required by the Act for the collection, use or disclosure of personal information, the consent: (a) must relate to the purpose for which the information is required; (b) must be informed; (c) must be given voluntarily; and (d) must not be obtained through misrepresentation, fraud or coercion. (2) A consent to the collection, use or disclosure of personal information is informed if the individual who gives the consent is provided with the information that a reasonable person in the same circumstances would require in order to make a decision about the collection, use or disclosure of personal information. (3) A consent may be given that is effective for a limited period. (4) A consent may be express or implied unless otherwise provided. (5) An express consent need not be in writing. (6) A government institution, other than the government institution that obtained the consent, may act in accordance with an express consent in writing or a record of an express consent having been given without verifying that the consent meets the requirements of subsection (1) unless the government institution that intends to act has reason to believe that the consent does not meet those requirements Where consent is required it must: relate to the purpose for which the information is required; be informed; be given voluntarily; and not be obtained through misrepresentation, fraud or coercion.
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