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. 136 express consent having been given without verifying that the consent meets the requirements of subsection (1) unless the government institution that intends to act has reason to believe that the consent does not meet those requirements. Where reasonable, an individual’s authorization (or consent) should be in writing. If authorization is given verbally, the government institution should make a written record of the conversation and, where reasonable, send a letter to the individual confirming authorization.403 If documenting a verbal consent for this purpose, the government institution should retain a record of the date and details of the authorization including the: • Personal information to be collected • Source of the personal information • Name of the collecting government institution404 For more on consent and best practices, see Consent and Best Practices for Consent Forms earlier in this Chapter. IPC Findings In Investigation Report H-2004-001, the Commissioner investigated a complaint involving the over collection of personal information by Saskatchewan Government Insurance (SGI). The Commissioner determined that SGI collected the complainant’s personal information for the purpose of the administration of The Automobile Accident Insurance Act which was compliant with section 25 of FOIP. In addition, the Commissioner found that the collection of the Complainant’s personal information was indirect in that it was obtained from a number of third party health providers, but this was done in conformity with subsection 26(1)(a) of FOIP as SGI obtained written consent of the Complainant for the indirect collection. Further, the consent form was in compliance with section 18 of The Freedom of Information and Protection of Privacy Regulations. 403 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. 6-56. Accessed December 5, 2022. 404 Ministry of Government and Consumer Services, Information, Privacy and Archives, Freedom of Ontario Information and Protection of Privacy Manual, Chapter 7, section 8, Manner of Collection. Available at Freedom of Information and Protection of Privacy Manual: Chapter 7: Privacy Fundamentals | Ontario.ca. Accessed December 6, 2022.

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