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. 147 Correctional institution means a place of lawful detention.441 In Saskatchewan, a “correctional facility” pursuant to section 14 of The Correctional Services Act, 2012 is a facility designated as such by the Minister. The security of a correctional institution includes the safety of the occupants as well as the integrity of the physical structure and the security of adjoining or connecting structures.442 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)(d): Indirect Collection 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: … (d) the information is collected for the purpose of commencing or conducting a proceeding or possible proceeding before a court or tribunal; This provision allows government institutions to collect personal information indirectly when they require it for court or a tribunal proceeding. This helps the integrity of the judicial process.443 Subsection 26(1)(d) of FOIP recognizes that legal counsel and those assisting counsel may, in preparing for or conducting legal proceedings, need to collect personal information from sources other than the person the information is about. In some circumstances, attempts by legal counsel to collect information directly from the individual may result in information 441 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-74. Available at Chapter (gov.mb.ca). Accessed December 12, 2022. 442 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-74. Available at Chapter (gov.mb.ca). Accessed December 12, 2022. 443 British Columbia Government Services, FOIPPA Policy Definitions at Section 27 - How personal information is to be collected - Province of British Columbia (gov.bc.ca). Accessed December 12, 2022.

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