Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 163 Subsection 26(2): Inform Individual Manner of collection 26(2) A government institution that collects personal information that is required by subsection (1) to be collected directly from an individual shall inform the individual of the purpose for which the information is collected unless the information is exempted by the regulations from the application of this subsection. Subsection 26(2) of FOIP provides that where a government institution is collecting personal information from an individual directly, it must inform the individual of the purpose for which the information is being collected. The only exception is if the regulations indicate subsection 26(2) of FOIP does not apply to certain information. At the time of issuing this Chapter, The Freedom of Information and Protection of Privacy Regulations do not exempt any personal information from the application of subsection 26(2) of FOIP. As such, informing individuals is required in all circumstances where personal information is collected directly from individuals. Where it is reasonably practicable, the government institution must inform the individual of the purpose for which the information is being collected. The phrase “reasonably practicable” is not defined in FOIP. However, the following assists: Reasonably practicable : Reasonable means fair, proper or moderate under the circumstances, sensible.482 Practicable means feasible, fair, and convenient and is not synonymous with possible. An act is practicable of which conditions or circumstances permit the performance.483 What is reasonably practicable depends on the circumstances in each case. Purpose means the purpose for which personal information was obtained or compiled, the object to be attained or the thing intended to be done, e.g., the administration of a program, 482 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1456. 483 Gardner, J., and Gardner K. (2016) Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 4, P to R, at p. P-280. The Court of Appeal of Alberta relied on this definition in R. v. Mudry, 1979 ABCA 286 (CanLII) at [14] and again in the Provincial Court of Alberta decision R. v. Graham, 2014 ABPC 197 (CanLII) at [14].
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