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. 143 Enforcement of an Act or regulation 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.427 However, government institutions 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.428 Subsection 26(1)(c)(i) provides that a government institution can collect personal information indirectly for the purpose of enforcing an Act or regulation. Enforcement is the act or process of compelling compliance with a law, mandate, command, decree, or agreement.429 An Act or a regulation means an Act of the Legislature together with any regulations issued thereunder and includes an Ordinance of the Northwest Territories in force in Saskatchewan.430 An Act of Parliament of Canada or a regulation encompasses all Acts enacted by the Parliament of Canada together with any regulations issued thereunder.431 IPC Findings As of the issuing of this Chapter, the Commissioner has not considered this provision in a Report yet. This section will be updated accordingly when it is considered. 427 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 244. 428 See SK OIPC Investigation Report 074-2018, 075-2018 at [43]. 429 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 645. 430 See subsection 2-29 of The Legislation Act, S.S. 2019, Chapter L-10.2. 431 Office of the Information Commissioner of Canada, Investigator’s Guide to Interpreting the ATIA,, accessed on June 14, 2019. Definition relied on in SK OIPC Review Report F2014-001 at [127].