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. 174 (3) A consent may be given that is effective for a limited period. (4) A consent may be express or implied unless otherwise provided. (5) An express consent need not be in writing. (6) A government institution, other than the government institution that obtained the consent, may act in accordance with an express consent in writing or a record of an express consent having been given without verifying that the consent meets the requirements of subsection (1) unless the government institution that intends to act has reason to believe that the consent does not meet those requirements. Where reasonable, an individual’s consent should be in writing. If consent is given verbally, the government institution should make a written record of the conversation and, where reasonable, send a letter to the individual confirming authorization.523 For more on consent and best practices, see Consent and Best Practices for Consent Forms earlier in this Chapter. Section 28 lists two circumstances under which a government institution is authorized to “use” personal information without the individual’s consent: 1. Where the use is for the same purpose or a consistent purpose for which the personal information was collected. 2. For a purpose for which the personal information may be disclosed to the government institution. Use indicates internal utilization of personal information by a government institution and includes the sharing of the personal information in such a way that it remains under the control of the government institution.524 “Use” should not be confused with “disclosure”. Here is an easy way to decipher which it is: 523 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Appendix 1 – Glossary of Terms at p. 13. Available at Resource Manual | FIPPA | Province of Manitoba ( at Chapter 6., p. 6-56. Accessed December 5, 2022. 524 First defined by SK OIPC in 2008-2009 Annual Report at p. 76. First cited in Investigation Report F2009-001 at [78].