Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 229 excessive, the standard which one must observe to avoid liability for negligence, including foreseeable harms.654 In the context of subsection 29(2)(k) of FOIP, the government institution should consider whether the research or statistical purpose can reasonably be accomplished with de-identified information. If the answer is no, then the third criteria is met. The onus is on the government institution to understand research methods generally and the proposed project specifically, to determine whether identifiable information is truly needed to accomplish the research. The researcher would submit the research proposal to the government institution in writing, clearly explaining the nature of the research, the information involved and the reason for the request. A detailed proposal enables the government institution to evaluate the necessity for identifiable information, any potential harm to individuals, the academic credentials, skill and reputation of the researcher, and proposed security for the records containing the information.655 4. Is there a written agreement in place restricting subsequent disclosures of identifiable personal information? Agreement is a mutual understanding, an arrangement between parties as to a course of action, a contract.656 For purposes of this provision, the agreement must be in writing. Agreements include contracts, memoranda of understanding, etc.657 Subsection 29(2)(k) of FOIP requires that there be a written agreement in place that restricts a researcher from making subsequent disclosures of the personal information in identifiable form that could reasonably be expected to identify the individual(s) to whom it relates. In addition to this, agreements concerning the disclosure of personal information by government institutions to researchers should contain: • A description of the personal information to be disclosed. • The authority for disclosing the personal information. 654 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 December 15, 2022. 655 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 297. 656 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-202. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 657 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 271.
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