Office of the Saskatchewan Information and Privacy Commissioner. Privacy Protective Survey Guidance. 14 March 2024. 9 Section 26 of FOIP (section 25 of LA FOIP) requires public bodies to collect personal information where reasonably practicable directly from the individual to whom the information relates unless the listed exceptions apply. Exceptions include where the individual authorized a collection by other methods, if the information may be disclosed to your public body pursuant to subsection 29(2) of FOIP (subsection 28(2) of LA FOIP), and if the information is collected for the purpose of management or administration of personnel. In this scenario, you will need to ensure that the public body disclosing the information has the authority to do so. Section 29 of FOIP (section 28 LA FOIP) prohibits the disclosure of personal information without consent except in accordance with that section or section 30 of FOIP (section 29 of LA FOIP). Subsection 29(2)(k) of FOIP (subsection 28(2)(k) of LA FOIP) may also be relevant. It enables disclosure to any person or body for research or statistical purposes if certain conditions are met. Note that “research” and “statistics” are not defined in FOIP or LA FOIP. My office’s Guide to FOIP, Chapter 6, at pages 227-228, sets out the following definitions: “Research” means the systematic investigation into and study of materials, sources, etc., to establish facts and reach new conclusions. For a disclosure of personal information for “research purposes” to be permissible, the researcher must intend to use the personal information to investigate and ascertain facts or verify theories. “Statistics” is the science of collecting and analyzing numerical data, especially large quantities of data and usually inferring proportions in a whole from proportions in a representative sample, any systematic collection or presentation of such facts. In this context, quantifiable personal information to study trends and draw conclusions. Subsection 29(2)(k)(ii) of FOIP (subsection 28(2)(k)(ii) of LA FOIP) requires that public bodies who share personal information for these purposes have a written agreement with the receiving public body to clarify the rights and obligations of each party with respect to the information. Any written agreement should also specify the authority each party is relying on for the collection or disclosure of the personal information in question. The agreement will help to ensure compliance with FOIP and LA FOIP. If your public body is a government institution under FOIP and the purpose of your survey relates to a “common integrated service,” section 17.1 of the FOIP Regulations may permit the disclosure of the personal information for your survey sample.” A “common integrated service” is defined in subsection 17.1(1)(a) of the FOIP Regulations as a program or activity designed to benefit health, safety, welfare or social well-being of an individual that is delivered by a government institution and entity including, another government institution, a local authority, a trustee as defined in HIPA. You will need to
RkJQdWJsaXNoZXIy MTgwMjYzOA==