Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 127 Activity is an individual action designed to assist in carrying out an operating program. For example: • Skills training assists a social assistance recipient to return to the workforce and is one facet of the social assistance program. • Driver testing is required in determining eligibility for a driver's licence as part of the driver-licensing program.383 The government institution must have a demonstrable need for the personal information such that the operating program or activity would not be viable without it.384 Though the principle of “minimal collection” is not expressly referred to in the legislation, it is a tenet of FOIP that a government institution should collect only the minimum amount of personal information necessary for the intended program or activity. Government institutions should have administrative controls in place to ensure that they do not collect any more personal information than is necessary for the related programs or activities. They must have legislative authority for the relevant program or activity, and a demonstrable need for each piece of personal information collected in order to carry out the program or activity.385 For more on this, see Data Minimization earlier in this Chapter. As part of its general objective of limiting the amount of personal information that government institutions may accumulate and make use of, FOIP contains specific restrictions on the authority of government institutions to collect personal information. These restrictions limit both the purposes for which institutions may collect personal information and the manner in which such information may be collected.386 383 British Columbia Government Services, FOIPPA Policy Definitions at Accessed April 23, 2020. 384 SK OIPC Investigation Report F-2012-001 at [18]. See also Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 237. 385 SK OIPC Investigation Report F-2012-001 at [20] and [21]. Originally drawn from Treasury Board of Canada Secretariat, Guidance on Preparing Information Sharing Agreements Involving Personal Information (July 2010), available at 386 SK OIPC Investigation Report F-2012-001 at [19]. Originated from K. Klein and D. Kratchanov: Government Information: The Right to Information and the Protection of Privacy in Canada, Second Edition (Toronto: Carswell Press, 2009) at pp. 8-15.