Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 151 Section 27 requires consent be given in “the prescribed manner”. Subsection 2(i) of LA FOIP provides: 2 In this Act: … (h) “prescribed” means prescribed in the regulations; Section 11 of The Local Authority Freedom of Information and Protection of Privacy Regulations sets out the manner in which consent should be acquired: 11(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. (3) A consent may be given that is effective for a limited period. (4) A consent may be express or implied unless otherwise provided. (5) An express consent need not be in writing. (6) A local authority, other than the local authority that obtained the consent, may act in accordance with an express consent in writing or a record of an express consent having been given without verifying that the consent meets the requirements of subsection (1) unless the local authority that intends to act has reason to believe that the consent does not meet those requirements.
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