Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 146 • Persons who are detained in custody under a federal or provincial statute or a municipal bylaw. • Persons remanded in custody by a court, who are charged but not yet found guilty or are not yet sentenced. • Young persons detained in open or secure custody, or who are in pre-trial detention, under the Youth Criminal Justice Act (Canada). • Parole violators detained in custody under a warrant issued by a parole board.437 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. Subsection 26(1)(c)(ii)(B) 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: … (B) the security of correctional institutions; Subsection 26(1)(c)(ii)(B) of FOIP provides that a government institution can collect personal information indirectly if it pertains to the security of correctional institutions. Security means a state of safety or physical integrity.438 Security includes securing, ensuring safety or protecting from danger, theft, or damage.439 Security means sufficient security.440 437 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-73. Available at Chapter (gov.mb.ca). Accessed December 12, 2022. 438 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 155. 439 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 440 The Legislation Act, S.S. 2019, Chapter L-10.2 at s. 2-29.
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