Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 134 Reasonably practicable: Reasonable means fair, proper or moderate under the circumstances, sensible.397 Practicable means feasible, fair, and convenient and is not synonymous with possible. An act is practicable of which conditions or circumstances permit the performance.398 What is reasonably practicable depends on the circumstances in each case. Directly means straight, undeviating.399 The “direct collection” requirement is an important aspect of the “Openness” privacy principle (see Principle #8 of the 10 Fair Information Principles earlier in this Chapter). It is intended to ensure that an individual is generally aware of the personal information that a government institution is collecting about them. To exercise the privacy rights under Part IV of FOIP, such as the right to request a correction of personal information or to complain if the information is being used or disclosed in a manner not authorized by FOIP, an individual must have some idea as to the nature of the personal information being collected about them.400 Subsection 26(1)(a): Indirect 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: (a) the individual authorizes collection by other methods; 397 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1456. 398 Gardner, J., and Gardner K. (2016) Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 4, P to R, at p. P-280. The Court of Appeal of Alberta relied on this definition in R. v. Mudry, 1979 ABCA 286 (CanLII) at [14] and again in the Provincial Court of Alberta decision R. v. Graham, 2014 ABPC 197 (CanLII) at [14]. 399 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 576. 400 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Appendix 1 – Glossary of Terms at p. 13. Available at Resource Manual | FIPPA | Province of Manitoba (gov.mb.ca) at Chapter 6., p. 6-54. Accessed December 5, 2022.
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