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. 144 Subsection 26(1)(c)(ii) 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: … (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; Subsection 26(1)(c)(ii) of FOIP provides that a government institution can collect personal information indirectly about an individual if the information pertains to the history, release or supervision of an individual in custody, on parole or on probation. In addition, if the information pertains to the security of correctional institutions. This provision permits correctional and parole authorities to seek out information from a variety of sources about individuals in custody, on or eligible for parole or probation. The individual may be in a correctional institution or may be under supervision in the community. However, 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.432 432 See SK OIPC Investigation Report 074-2018, 075-2018 at [43].