Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 144 This provision recognizes that in certain limited circumstances, collecting personal information directly from the individual, may result in inaccurate information being collected. For example, if a local authority is required to collect personal information directly (s. 25(1)) and notify the individual of the purpose for the collection (s. 25(2)) in advance, an individual may not be forthcoming, may provide partial information or may provide inaccurate information. Surveys seeking opinions and psychological testing are examples where this might be the case. Another example is investigations. Much personal information about a person who is under investigation is collected from other sources. Reasons for this include the fact that investigators may not wish to alert the individual concerned that an investigation is taking place, the individual would not provide accurate information, or the individual might alter or destroy evidence.400 To rely on this provision to collect indirectly and not provide notification to an individual, the threshold that must be met is “might result” in the collection of inaccurate information or defeat the purpose or prejudice the use for which the information is collected. LA FOIP does not define these terms. Based on dictionary meanings of these terms the IPC establishes the threshold as follows: Might means a possibility.401 “Possible” means capable of existing, happening, or being achieved; that which is not certain or probable.402 Might is significantly less than “probable” or “likely”. “Probable” means likely to happen or be the case.403 At the other end of the threshold is “speculation”. Speculation is based on conjecture rather than knowledge. Conjecture is an opinion or conclusion based on incomplete information. Speculation generally has no objective basis.404 Therefore, “might” is higher than speculation but lower than probable. The word “might” speaks to possibilities. Is the prospect of collecting inaccurate information, defeating the purpose, or prejudicing the use of the personal information within the realm of possibility or beyond it?405 400 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 244. 401 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 902. 402 See SK OIPC Review Report 082-2019, 083-2019 at [72] Originates from Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1117. 403 See SK OIPC Review Report 082-2019, 083-2019 at [73]. 404 See SK OIPC Review Report 082-2019, 083-2019 at [71]. Originates from Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at pp. 1379 and 301. 405 R. v. Fulton, 2006 SKCA 115 (CanLII) at [21].
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