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. 158 Commissioner which is the central human resource agency for the Government of Saskatchewan. IPC Findings In Investigation Report 266-2017, the Commissioner investigated a complaint involving the Saskatchewan Workers’ Compensation Board (WCB). The complaint involved the disclosure of personal information to an employee during a harassment investigation. The Commissioner found during the investigation that WCB collected personal information about its employee indirectly from a third party. However, the Commissioner also found that this was authorized by subsection 26(1)(f)(i) of FOIP. Subsection 26(1)(g): 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: … (g) the commissioner has, pursuant to clause 33(c), authorized collection of the information in a manner other than directly from the individual to whom it relates; This provision authorizes a government institution to collect an individual’s personal information indirectly if the Information and Privacy Commissioner authorizes the collection pursuant to subsection 33(c) of FOIP. Subsection 33(c) of FOIP provides: 33 The commissioner may: … (c) in appropriate circumstances, authorize the collection of personal information in a manner other than directly from the individual to whom it relates; Although this provision has not be considered in Saskatchewan, an example of where this has occurred is British Columbia. British Columbia’s Freedom of Information and Protection of Privacy Act has two provisions similar to Saskatchewan’s subsections 26(1)(g) and 33(c) of FOIP. Subsections 27(1)(a)(ii) and 42(1)(i) of British Columbia’s Freedom of Information and Protection of Privacy Act provides:

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