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. 159 27(1) A public body must collect personal information directly from the individual the information is about unless (a) another method of collection is authorized by … (ii) the commissioner under section 42(1)(i), 42(1) In addition to the commissioner's powers and duties under Part 5 with respect to reviews, the commissioner is generally responsible for monitoring how this Act is administered to ensure that its purposes are achieved, and may … (i) authorize the collection of personal information from sources other than the individual the information is about, and An example of an authorization from British Columbia for these provisions can be found in Authorization For Indirect Collection of Personal Information, Ministry of International Trade & Responsible for Asia Pacific Strategy & Multiculturalism, September 16, 2015. The British Columbia Information and Privacy Commissioner received an application from the Ministry of International Trade & Responsible for Asia Pacific Strategy & Multiculturalism (Ministry) for an authorization to collect personal information indirectly under subsection 42(1)(i) of British Columbia’s Freedom of Information and Protection of Privacy Act. The Ministry was requesting authorization to indirectly collect personal information about the historical contributions of Chinese British Columbians for inclusion in a Celebration Book. The Celebration Book was a legacy project being undertaken. Researchers were able to get consent from individuals whose personal information was to be included in the Celebration Book. However, for deceased individuals they were unable to get consent or locate the nearest relative or appropriate person for consent because: • The deceased persons have been deceased for many years and therefore, it was difficult, if not impossible, to track down their living descendants. • Many Chinese Canadians who came to Canada during certain time periods came from very few provinces and regions in China, which meant that they tended to have very common last names, making it very difficult to trace their actual familial lines in China or in Canada. • Some deceased persons do not have descendants. • There was no way to determine where (within Canada or overseas) the search for living descendants should begin or end as there could be many reasons for these families to relocate.