Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 173 (b) for a purpose for which the information may be disclosed to the government institution pursuant to subsection 29(2). Section 28 of FOIP provides that a government institution needs the consent of the individual to “use” their personal information unless one of the two enumerated circumstances exists. Consent means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another; it supposes a physical power to act, a moral power of acting and a serious, determined, and free use of these powers.522 Section 28 requires consent be given in “the prescribed manner”. Subsection 2(1)(h) of FOIP provides: 2(1) In this Act: … (h) “prescribed” means prescribed in the regulations; Section 18 of The Freedom of Information and Protection of Privacy Regulations sets out the manner in which consent should be acquired: 18(1) If consent is required by the Act for the collection, use or disclosure of personal information, the consent: (a) must relate to the purpose for which the information is required; (b) must be informed; (c) must be given voluntarily; and (d) must not be obtained through misrepresentation, fraud or coercion. (2) A consent to the collection, use or disclosure of personal information is informed if the individual who gives the consent is provided with the information that a reasonable person in the same circumstances would require in order to make a decision about the collection, use or disclosure of personal information. 522 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.
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