Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 137 Subsection 26(1)(b): 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: … (b) the information is information that may be disclosed to the government institution pursuant to subsection 29(2); Subsection 26(1)(b) of FOIP provides that a government institution can collect personal information from another government institution, rather than directly from the individual, where the second government institution is authorized to disclose the personal information pursuant to subsection 29(2) of FOIP.405 Subsection 29(2) of FOIP provides several circumstances under which a government institution may disclose an individual’s personal information without consent. This provision reduces the response burden on members of the public where the same personal information may be required by more than one government institution. It also reduces the financial costs of collecting personal information by the government institutions that share it.406 Where government institutions rely upon subsection 26(1)(b) of FOIP to collect personal information indirectly, the government institution that has the personal information must be satisfied that the disclosure is authorized under subsection 29(2) of FOIP. The government institution receiving the information must ensure that it is authorized to collect it under section 25 of FOIP. 405 Alberta’s FOIP Act has a very similarly worded provision. Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 241. This interpretation is also consistent with the British Columbia and Manitoba IPCs interpretations of equivalent provisions. 406 British Columbia Government Services, FOIPPA Policy Definitions at Section 27 - How personal information is to be collected - Province of British Columbia (gov.bc.ca). Accessed December 12, 2022.
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