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. 135 Subsection 26(1)(a) of FOIP provides that a government institution can collect the personal information of an individual indirectly if the individual authorizes it. Authorization means official permission to do something; sanction or warrant; to formally approve.401 Consent means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another; it supposes a physical power to act, a moral power of acting and a serious, determined, and free use of these powers.402 The consent must satisfy the requirements of section 18 of The Freedom of Information and Protection of Privacy Regulations which provides: 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. (2) A consent to the collection, use or disclosure of personal information is informed if the individual who gives the consent is provided with the information that a reasonable person in the same circumstances would require in order to make a decision about the collection, use or disclosure of personal information. (3) A consent may be given that is effective for a limited period. (4) A consent may be express or implied unless otherwise provided. (5) An express consent need not be in writing. (6) A government institution, other than the government institution that obtained the consent, may act in accordance with an express consent in writing or a record of an 401 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 165. 402 British Columbia Government Services, FOIPPA Policy Definitions at Accessed April 23, 2020.