Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 26 Consent is generally conceived as the free and voluntary act of a sovereign individual. Consent needs to be thought of as a process that provides the individual with a measure of control over their own personal information. Consent normally can be modified and can be revoked.63 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.64 Express consent is the highest standard and can be written (e.g., form or letter) or verbal.65 It must be informed and meet all the criteria set out in section 18 of The Freedom of Information and Protection of Privacy Regulations (FOIP Regulations). Express consent of the data subject usually cures what would otherwise be a privacy breach when certain personal information is collected, used, or disclosed.66 Consent must be obtained from an individual in a meaningful way. Where FOIP requires express consent, section 18 of the FOIP Regulations is engaged and 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. 63 SK OIPC Investigation Reports F-2010-001 at [44] and F-2013-002 at [33]. 64 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. 65 Government of Alberta, Protecting Personal Information, A Workbook for Non-Profit Organizations, Discussion Draft, March 2010. Available at Protecting Personal Information: A Workbook for Non-Profit Organizations (alberta.ca) at p. 9. 66 SK OIPC Investigation Report F-2010-001 at [39].
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