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. 164 the provision of a service or other activity.484 The purpose of a collection means the reason(s) the personal information is needed and the use(s) that the government institution will make of the personal information.485 Informing or “notification” allows individuals to understand the purpose, nature, and extent of collection of personal information. Without this information, individuals are unable to ensure that their rights under FOIP are respected.486 Notification enables an individual to make an informed decision as to whether to give the personal information to the government institution, ability to understand the consequences of providing it and the ability to exercise privacy rights such as making a privacy complaint. These are at the heart of Fair Information Principles numbers 2 (identifying purposes) and 8 (openness). For more on these principles, see 10 Fair Information Principles earlier in this Chapter. Notification may be given in many ways. It may be: • Printed on a collection form. • Contained on a separate sheet or in a brochure accompanying a form. • Presented in a pop-up window linked to an online form. • Published in a calendar of a post-secondary institution or an information brochure about a program that is provided to all applicants. • Displayed on a notice hung on the wall or placed on a service counter. • Given orally, for example, during a telephone call.487 A government institution must inform an individual of: • The purpose for which the personal information is collected. • The specific legal authority for the collection (see footnote).488 484 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 485 SK OIPC Investigation Report F-2012-001 at [62]. Originated from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p 248. 486 SK OIPC Investigation Report F-2012-001 at [61]. 487 SK OIPC Investigation Report F-2012-001 at [62]. Originated from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p 249. 488 “Legal authority” for collection may be a specific provision in an enactment of Saskatchewan or a federal enactment that expressly authorizes collection of the personal information. It can also be authority under section 25 of FOIP, which authorizes collection of personal information for a purpose that relates to an existing or proposed program or activity of the government institution.

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