Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 150 attaches to anyone who was classified as a security risk by the WCB and therefore it was incumbent on WCB to have a clear policy and procedure and to scrupulously follow it. In Investigation Report F-2012-001, the Commissioner considered the over-collection of personal information by Saskatchewan Telecommunications (SaskTel). The Commissioner investigated SaskTel’s collection of unique identifiers when customers call into SaskTel to access their account information for the purpose of identity verification. This included having to provide a date of birth, telephone number, social insurance number and health services number. The Commissioner found that SaskTel was not meeting its duty under the equivalent section 27 of The Freedom of Information and Protection of Privacy Act (FOIP) to collect accurate and complete information because SaskTel indicated that the information did not have to be accurate to verify identity. This appeared to serve the purpose of being a password rather than an accurate collection of personal information. As such, section 27 of FOIP was not met by SaskTel. Section 27: Use of Personal Information Use of personal information 27 No local authority shall use personal information under its control without the consent, given in the prescribed manner, of the individual to whom the information relates, except: (a) for the purpose for which the information was obtained or compiled, or for a use that is consistent with that purpose; or (b) for a purpose for which the information may be disclosed to the local authority pursuant to subsection 28(2). Section 27 of LA FOIP provides that a local authority needs the consent of the individual to “use” their personal information unless one of the two enumerated circumstances exists. 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.429 429 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.
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