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. 153 Subsection 26(1)(e)(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: … (e) the information is collected, and is necessary, for the purpose of: … (ii) verifying the eligibility of an individual who is participating in a program of or receiving a product or service from the Government of Saskatchewan or a government institution; This provision is intended to allow for cases where an individual has already qualified for a program, benefit, product or service and the government institution needs to check that the individual is still eligible. In this case, personal information may be collected from a variety of sources other than the individual the information is about, and the individual does not need to be informed that verification is taking place.460 For example, a government institution may perform random checks on the income and assets of individuals on social assistance or in low income housing to verify that an individual remains eligible for the program. Such a check may involve an interview with the individual but may also involve collection of personal information about the individual from other sources.461 To verify eligibility in the context of subsection 26(1)(e)(ii) of FOIP, means to confirm, substantiate, authenticate, check, or test the qualification or entitlement of an individual to participate in or receive or to continue to participate in or receive, a program, product or service from the Government of Saskatchewan or the government institution.462 460 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, pp. 245 to 246. See also SK OIPC Investigation Report F-2012-002 at [83]. 461 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, pp. 245 to 246. See also SK OIPC Investigation Report F-2012-002 at [83]. 462 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-80. Available at Chapter (gov.mb.ca). Accessed December 12, 2022.

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