A Minister’s Guide to Protecting Personal Information 10 It is also important to note that: a consent may be given that is effective for a limited period of time; consent may be express or implied unless otherwise provided; and an express consent need not be in writing. Express consent is informed and voluntary. Consent is informed when the individual knows the purpose for the collection, use and/or disclosure, that they can withhold or revoke their consent and the consequences of doing so. A consent is also revocable. The following form has been developed for the use of Ministers’ offices and MLAs when collecting, using and/or disclosing personal information: MLA Consent form. For more information on consent, see the IPC’s resource: Best Practices for Gathering Informed Consent and the Content of Consent Forms. COMMON SAFEGUARDS REQUIRED FOR COMPLIANCE WITH PART IV OF FOIP Ministers’ offices should consider the following safeguards: Does the office have a policy relating to the collection, use, disclosure and safeguarding of personal information? Have the employee in the office received privacy training? Training should include: - What is FOIP? - What is personal information? - What is a collection? A use? A disclosure? - What are best practices for the collection, use and disclosure of personal information? - What administrative, physical and technical safeguards are in place to protect personal information? - How to identify the purpose of collecting personal information? - What is consent? When is consent required? How do you obtain consent? - When and how should personal information be destroyed. Is there a record classification system? Is there a policy regarding the use of personal e-mail to conduct ministerial business which involves personal information? Has each staff member in the office signed a confidentiality statement or agreement?
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