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. 139 Subsection 26(1)(c)(i) 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 Subsection 26(1)(c)(i) of FOIP provides that a government institution can collect personal information indirectly if it is collected for the purpose of law enforcement activities. “Law enforcement activities” is not defined in FOIP. However, the provision indicates that law enforcement activities include the detection, investigation, prevention or the prosecution of an offence and the enforcement of an Act or regulation. However, including means that the list of information that follows is incomplete (non-exhaustive). The examples in the provision are the types of situations that could be presumed to qualify as “law enforcement activities”.409 Other activities may also be captured. Although FOIP does not define “law enforcement”, other privacy legislation across Canada does define the term in the context of access and privacy. The following definition has been drawn from other jurisdictions and can be relied upon for subsection 26(1)(c)(i) of FOIP: 409 British Columbia Government Services, FOIPPA Policy and Procedures Manual at Accessed June 26, 2019. Definition of “including” as included in SK OIPC Guide to FOIP, Chapter 4 – “Exemptions from the Right of Access”, for subsections 16(1) and 17(1)(g) of FOIP.