Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 32 Local authorities should consider the following four-part test when considering new initiatives (e.g., services, programs, activities, proposed legislation, etc.) that impact privacy as early as possible in the development process: (i) Is the measure demonstrably necessary to meet a specific need (ii) Is it likely to be effective in meeting that need (iii) Is the loss of privacy proportional to the benefit gained (iv) Is there a less privacy intrusive way of achieving the same end61 Consent Requirements LA FOIP is not consent based. Local authorities require a vast amount of personal information from citizens to provide the services that those citizens expect. This includes the operation of schools, hospitals, social services, and countless other services. To require express consent every time a local authority collected, used, or disclosed personal information would likely be unwieldy, inefficient, and cumbersome, not to mention expensive.62 However, there are provisions in LA FOIP that require the express consent of individuals for the collection, use and disclosure of personal information. The specific provisions that require express consent for collection, use and disclosure of personal information are as follows: • Section 27 – individual consents to “use” of personal information • Subsection 28(1) – individual consents to “disclosure” of personal information Consent is generally conceived as the free and voluntary act of a sovereign individual. Consent needs to be thought of as a process that provides the individual with a measure of information-and-privacy-commissioner-of-saskatchewan-on-questions-screening-or-testing-byemployers-regarding-covid-19/. Accessed June 12, 2020. 61 Privacy Commissioner of Canada resource, Data at Your Fingertips Biometrics and the Challenge to Privacy. Available at https://www.priv.gc.ca/en/privacy-topics/health-genetic-and-other-bodyinformation/gd_bio_201102/. See also Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-10. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_6.pdf. Accessed on June 12, 2020. 62 SK OIPC Investigation Report F-2010-001 at [43].
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