ss.(2)

• Where an institution has the option of allowing employees to submit insurance claims directly to the insurer, it cannot be argued that the collection and processing of the forms by the institution for the insurer on behalf of employees is "necessary" to the proper administration of a lawfully authorized activity. Such collection is not necessary even where direct claims filed by the employee may result in a modest increase in cost to the institution. ( Privacy Investigation Report # I94-001M)

• The phrase "expressly authorized by statute" requires either that the specific types of personal information collected be expressly described in the statute or a general reference to the activity be set out in the statute, together with a specific reference to the personal information to be collected in a regulation made under the statute, i.e., in the form or in the text of the regulation. (Order #M-484, Privacy Investigation Report #I95-030P )

• A school board did not collect personal information in accordance with the Act when it solicited the names and addresses of potential new students from existing students in order to notify them about its programs. (Privacy Investigation Report #I94-004M)

• A school board's administration of employee benefits is a lawfully authorized human resources activity. (Privacy Investigation Report #I94-001M)

• It is contrary to this subsection for a person to ask a requester why he needed the information requested under MFIPPA and to seek additional personal information about the requester. In this case, the solicitation of personal information about the requester was unnecessary for the successful processing of the MFIPPA request. (Privacy Investigation Report #I94-030M)

• A Board of Education had authority to collect and record a teacher's observations about the progress of students in a special education program. Such programs are established under section 11(1) of the Education Act, and the Ministry of Education recommends that teachers compile information about the progress of students in these programs. (Privacy Investigation Report #I95-110M)

• While a School Board's conducting of a survey to determine the level of parental interest in year round education before implementing is a "lawfully authorized activity", the names and telephone numbers were not required or used in the analysis and preliminary results of the survey. Therefore it cannot be said that the Board's collection of personal information was "necessary" to the proper administration of a lawfully authorized activity. (Privacy Investigation Report #I96-057M)