Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 34 (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 Section 11 of the LA FOIP Regulations provides that where consent is required in LA FOIP, that it be “informed” (see s. 11(1)(b) above). Informed consent is where a person’s agreement to allow something to happen is based on a full disclosure of facts needed to make the decision intelligently, i.e., knowledge of risks involved, alternatives, etc.67 Informed consent becomes extremely relevant when considering the notion of control over one’s personal information. Unfortunately, many local authorities fall short when informing individuals of the potential collections, uses and/or disclosures of personal information. Often it is because of a lack of proper training of staff, a shortage of time or a misguided focus on making things more convenient for the local authority at the expense of the individual. As a result, the need to properly inform individuals is lost or forgotten. However, some of the benefits to the individual and the organization when proper informed consent is achieved include: • Empowerment of the individual. • Improved confidence and satisfaction with the organization. • Avoids later misunderstandings and conflict between the organization and the individual. • Compliance with the law. Consent must be obtained from the individual in a meaningful way. For example, it is not enough to seek verbal or written consent if no information is provided regarding what the 67 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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