Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 152 Where reasonable, an individual’s consent should be in writing. If consent is given verbally, the local authority should make a written record of the conversation and, where reasonable, send a letter to the individual confirming authorization.430 For more on consent and best practices, see Consent and Best Practices for Consent Forms earlier in this Chapter. Section 27 of LA FOIP lists two circumstances under which a local authority is authorized to “use” personal information without the individual’s consent: 1. Where the use is for the same purpose or a consistent purpose for which the personal information was collected. 2. For a purpose for which the personal information may be disclosed to the local authority. Use indicates internal utilization of personal information by a local authority and includes the sharing of the personal information in such a way that it remains under the control of the local authority.431 “Use” should not be confused with “disclosure”. Here is an easy way to decipher which it is: • If the local authority shares the personal information internally amongst other divisions, programs, or employees, this is an internal “use” of the personal information not a “disclosure”. o Sharing with contracted employees is also an internal “use” as they qualify as “employees of a local authority” pursuant to subsection 2(b.1) of LA FOIP. Contracted companies or agents providing services on behalf of the local authority are also captured as they are not considered separate from the local authority and are receiving and using the personal information “on behalf of” the local authority. Agreements or contracts should spell out privacy 430 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. 6-56. Accessed December 5, 2022. 431 First defined by SK OIPC in 2008-2009 Annual Report at p. 76. First cited in Investigation Report F2009-001 at [78].
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