Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 149 A court is an assembly of judges or other persons acting to administer justice in civil and criminal cases.452 For this provision to apply, the proceeding before a court or tribunal does not have to be imminent or presently occurring at the time of indirect collection. Where a proceeding before a court or tribunal is possible, the provision may also apply.453 It is interesting to note that subsection 29(2)(u) of FOIP and subsection 16(f) of The Freedom of Information and Protection of Privacy Regulations provides that a government institution may disclose personal information without consent for the purpose of commencing or conducting a proceeding or possible proceeding before a court or tribunal. So, it is possible to indirectly collect an individual’s personal information and disclose same without the individual’s consent for this purpose. These two subsections provide as follows: 29(2) Subject to any other Act or regulation, personal information in the possession or under the control of a government institution may be disclosed: … (u) as prescribed in the regulations. 16 For the purposes of clause 29(2)(u) of the Act, personal information may be disclosed: … (f) for the purpose of commencing or conducting a proceeding or possible proceeding before a court or tribunal; 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. 452 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. 453 SK OIPC Investigation Report 096-2018 at [31].
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