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. 138 Subsection 26(1)(c): 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: … (c) the information: (i) is collected in the course of, or pertains to, law enforcement activities, including the detection, investigation, prevention or prosecution of an offence and the enforcement of: (A) an Act or a regulation; or (B) an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada; or (ii) pertains to: (A) the history, release or supervision of persons in custody, on parole or on probation; or (B) the security of correctional institutions; This provision allows for the indirect collection of personal information for the purpose of law enforcement related activities. Much personal information about a person who is under investigation is collected from other sources. Reasons for this include the fact that investigators may not wish to alert the individual concerned that an investigation is taking place, the individual would not provide accurate information, or the individual might alter or destroy evidence.407 Law enforcement bodies should not collect excessive amounts of personal information. Adherence to the data minimization principle is still needed even where there is authority to collect directly or indirectly. In fact, authority will not be found for the collection where this principle is not adhered to.408 407 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 244. 408 See SK OIPC Investigation Report 074-2018, 075-2018 at [43].