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. 188 supposes a physical power to act, a moral power of acting and a serious, determined, and free use of these powers.544 Subsection 29(1) of FOIP 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. (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 544 British Columbia Government Services, FOIPPA Policy Definitions at Accessed April 23, 2020.