Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 19 (c) in appropriate circumstances, authorize the collection of personal information in a manner other than directly from the individual to whom it relates; (d) from time to time, carry out investigations with respect to personal information in the possession or under the control of government institutions to ensure compliance with this Part. Section 33 of FOIP enables the Commissioner to monitor compliance with FOIP and carry out investigations with respect to the handling of personal information in the possession or under the control of government institutions. The Commissioner may: • Offer comment on the implications for privacy protection of proposed legislative schemes or government programs [s. 33(a) of FOIP]. • Make recommendations to government institutions: o to cease or modify certain practices for collecting, using or disclosing personal information that contravenes FOIP. o to destroy collections of personal information that are collected in contravention of FOIP [s. 33(b) of FOIP]. • Where appropriate, authorize a government institution to collect personal information in a manner other than directly from the individual to whom it relates [s. 33(c) of FOIP]. • Carry out investigations with respect to personal information in the possession or under the control of government institutions to ensure compliance with FOIP [s. 33(d) of FOIP]. A privacy breach happens when there is an unauthorized collection, use or disclosure of personal information, regardless of whether the personal information ends up in a third party’s possession.32 Generally, privacy breaches are investigated by the Commissioner in one of three ways: • A complaint is received from an individual. • A government institution proactively reports a privacy breach to the Commissioner. 32 SK OIPC Annual Report - 2012-2013 at Appendix 3.
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