Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 172 Subsection 18(1) of The Freedom of Information and Protection of Privacy Regulations provides that: 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. A written authorization should be to perform specific acts (e.g., provide consent, make a FOIP request on behalf of the authorizing individual) or, more generally, to exercise the rights or powers of the individual under FOIP. For this provision to apply, the applicant must meet two requirements: 1. Provide a copy of the written authorization Applicants should provide a copy of the written authorization. For a sample written authorization, see the Ministry of Justice and Attorney General resource, Verifying the Identity of an Applicant at Appendix A. In some instances, government institutions may want to contact the individual who has granted the authority to confirm that they are aware of the amount and type of personal information that will be disclosed. In other instances, the government institution may want to insist on documents verifying the identity of the individual signing the authorization. 2. Verify the identity of the applicant When a government institution receives a written authorization from an applicant to act on behalf of another person, the government institution should authenticate the identity of the person exercising the right.295 Authentication is the process of proving or ensuring that someone is who he or she purports to be. Authentication typically relies on one or more of the following: • Something you know (e.g., password, security question, PIN, mother’s maiden name); • Something you have ( e.g., smart card, key, hardware token); or 295 Service Alberta, Bulletin #17, Consent and Authentication at p. 3.
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