Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 145 Subsection 26(1)(c)(ii)(A) 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 Subsection 26(1)(c)(ii)(A) of FOIP provides that a government institution can collect personal information indirectly if it pertains to the history, release or supervision of persons in custody, on parole or on probation. History here means information about the person’s background, including background information, employment record, medical condition, and behavior.433 Release includes both permanent and temporary release from a correctional institution.434 In the context of this provision, it can include the attitudes or behavior relevant to possible release.435 Supervision includes any community disposition requiring supervision of an offender, including probation, bail supervision, parole, temporary absence, and ordered community service work, as well as supervision of an individual held in a correctional institution.436 Custody may mean actual imprisonment or physical detention or the power, legal or physical, to imprison. Examples of persons who are in the custody of a correctional authority include: 433 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 245. 434 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 245. 435 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-72. Available at Chapter (gov.mb.ca). Accessed December 12, 2022. 436 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 245.
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