Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 140 Practicable means feasible, fair, and convenient and is not synonymous with possible. An act is practicable of which conditions or circumstances permit the performance.386 What is reasonably practicable depends on the circumstances in each case. Directly means straight, undeviating.387 The “direct collection” requirement is an important aspect of the “Openness” privacy principle (see Principle #8 of the 10 Fair Information Principles earlier in this Chapter). It is intended to ensure that an individual is generally aware of the personal information that a local authority is collecting about them. To exercise the privacy rights under Part IV of LA FOIP, such as the right to request a correction of personal information or to complain if the information is being used or disclosed in a manner not authorized by LA FOIP, an individual must have some idea as to the nature of the personal information being collected about them.388 Subsection 25(2): Inform Individual Manner of collection 25(2) A local authority that collects personal information that is required by subsection (1) to be collected directly from an individual shall, where reasonably practicable, inform the individual of the purpose for which the information is collected. Subsection 25(2) of LA FOIP provides that where a local authority is collecting personal information from an individual directly, it must, where reasonably practicable, inform the individual of the purpose for which the information is being collected. Presently, there is only one exception provided for to this general rule in LA FOIP. The one exception is subsection 25(3) of LA FOIP which permits indirect collection for specific reasons. Where subsection 25(3) of LA FOIP applies, informing the individual would be counterproductive and is therefore not required. For more on subsection 25(3) and some examples of where this could apply, see Subsection 25(3), later in this Chapter. 386 Gardner, J., and Gardner K. (2016) Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 4, P to R, at p. P-280. The Court of Appeal of Alberta relied on this definition in R. v. Mudry, 1979 ABCA 286 (CanLII) at [14] and again in the Provincial Court of Alberta decision R. v. Graham, 2014 ABPC 197 (CanLII) at [14]. 387 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 576. 388 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 (gov.mb.ca) at Chapter 6., p. 6-54. Accessed December 5, 2022.
RkJQdWJsaXNoZXIy MTgwMjYzOA==