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. 160 When considering whether to grant authorizations under subsection 42(1)(i) of British Columbia’s Act, the British Columbia Commissioner considers the following: 1. Has a clear and sufficiently compelling public interest or objective been identified that cannot reasonably be accomplished through direct collection of personal information? 2. Is the requested departure from FOIP’s rule of direct collection clearly justified when judged against the nature of the personal information to be collected and the purpose for which (and to whom) it is to be disclosed or used?477 If a government institution in Saskatchewan seeks the Commissioner’s authorization to indirectly collect personal information pursuant to subsection 26(1)(g) of FOIP, it should apply to the Commissioner setting out the circumstances and purpose for the request. It should also address the above two questions in its application. The Commissioner will then make a determination whether to authorize the indirect collection pursuant to subsection 33(c) of FOIP. 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)(h): 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: … (h) another manner of collection is authorized pursuant to another Act or a regulation. 477 See BC IPC Authorizations for Indirect Collection of Personal Information for the Ministry of Health, the Ministry of Public Safety and Solicitor General, Provincial Health Services, Ministry of Finance. See also AB IPC for examples as Alberta’s FOIP Act also has similar provisions at subsections 34(1)(a) and 53(1)(h).