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. 133 (iii) administration of personnel; of the Government of Saskatchewan or one or more government institutions; (g) the commissioner has, pursuant to clause 33(c), authorized collection of the information in a manner other than directly from the individual to whom it relates; or (h) another manner of collection is authorized pursuant to another Act or a regulation. (2) A government institution that collects personal information that is required by subsection (1) to be collected directly from an individual shall inform the individual of the purpose for which the information is collected unless the information is exempted by the regulations from the application of this subsection. (3) Subsections (1) and (2) do not apply where compliance with them might result in the collection of inaccurate information or defeat the purpose or prejudice the use for which the information is collected. Section 26 of FOIP requires that a government institution shall, where reasonably practicable, collect personal information directly from the subject individual unless one of eight enumerated circumstances applies.394 Subsection 26(1): Direct Collection Manner of collection 26(1) A government institution shall, where reasonably practicable, collect personal information directly from the individual to whom it relates, except where: Subsection 26(1) of FOIP requires that a government institution shall, where reasonably practicable, collect personal information directly from the subject individual unless one of eight enumerated circumstances applies.395 Collection means to bring or come together; assemble; accumulate; obtain personal information from any source by any means.396 394 SK OIPC Investigation Report F-2009-001 at [87]. 395 SK OIPC Investigation Report F-2009-001 at [87]. 396 SK OIPC 2009-2010 Annual Report at Appendix 1, Definitions at p. 53. See also British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.

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