Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 165 (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. 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.452 For more on consent and best practices, see Consent and Best Practices for Consent Forms earlier in this Chapter. Without consent, personal information cannot be released unless one of the provisions under subsection 28(2) or section 29 of LA FOIP applies. In addition, sections 10, 10.1 and 10.2 of The Local Authority Freedom of Information and Protection of Privacy Regulations. See the subsections below for detailed guidance on subsection 28(2) and section 29 of LA FOIP. 452 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.
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