Privacy Protective Survey Guidance

Office of the Saskatchewan Information and Privacy Commissioner. Privacy Protective Survey Guidance. 14 March 2024. 8 body to use personal information it possesses to develop a sample and contact individuals on your behalf. Each of these raises different privacy issues that are addressed below. Survey Sample is Taken From Your Public Body’s Clients If you intend to use personal information in your possession to create your survey sample, ensure compliance with section 28 of FOIP (section 27 of LA FOIP) which prohibits the use of personal information without consent unless certain conditions are met. If you do not have consent, determine if your sampling of survey participants is a use of personal information for purposes consistent with the reason it was collected. “Consistent purpose” is defined as one that has a direct and reasonable connection to the original purpose and that is necessary for performing the statutory duties of, or for operating a legally authorized program of, the public body that uses the personal information. “Consent” should be thought of as a process that provides the individual with a measure of control over their own personal information. It means a voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another; it supposes a physical power to act, a moral power of acting and a serious, determined and free use of these powers. To rely on a consent, ensure that it complies with the FOIP Regulations, section 18 and, where applicable, the LA FOIP Regulations, section 11. Further information about obtaining consent can be found in our office’s Best Practices for Gathering Informed Consent. Survey Sample is Provided by Another Public Body If your plan is to collect personal information from another public body to create a survey sample, consider the requirements of section 25 of FOIP (section 24 of LA FOIP) which, as noted above, governs the right to collect personal information. Be aware that the collection of personal information from another public body is an “indirect collection” of personal information.

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