Privacy Protective Survey Guidance

Office of the Saskatchewan Information and Privacy Commissioner. Privacy Protective Survey Guidance. 14 March 2024. 7 Our office’s Guide to FOIP, Chapter 6, at page 167 states that public bodies should rely on this exception in limited circumstances, and they should document when the provision has been used and the reasons for using it. Although there is provision allowing for the creation of additional exceptions to this requirement by regulation, there are currently no exceptions in either The Freedom of Information and Protection of Privacy Act Regulations, (FOIP Regulations) and The Location Authority Freedom of Information and Protection of Privacy Act Regulations (LA FOIP Regulations). Notice enables an individual to make an informed decision as to whether to provide the personal information. It also helps them understand the consequences of providing their personal information, and of exercising their privacy rights such as by making a privacy complaint. If the survey is not anonymous, individuals should be told why that is the case. Notice should be provided at the time of collection. Notice should inform an individual of the purpose of the collection, the legal authority for the collection and the contact details for a public body employee who can answer questions. If you contact respondents by email, whether the email is sent by you or your online survey provider, the email should include a notice about the collection, use and disclosure of personal information. If your survey design involves a link posted on a website, provide the notice on the website. Survey Samples Even if your survey project will collect anonymous data from respondents, you may need to collect personal information to select the individuals who will participate in the survey. The list of participants is referred to as the “survey sample.” In addition to the names and contact details for individuals, in some cases you may need to use additional personal information. This might occur when you need a survey sample with specific characteristics such as age, gender, education or income. You may obtain your survey sample by using names and contact details for individuals with whom your public body has had direct contact in relation to services or programs (a use of personal information). The sample may be developed from a list provided by a third party (a collection of personal information). You may decide to ask another public

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