Investigation Report 1999-IR-05: Community Development and Infrastructure

March 10, 2000

Information and Privacy Commissioner Bob Clark publicly released Investigation Report 99-IR-005 today.

The report concludes the investigation into a privacy complaint under section 51(2)(e) of the Freedom of Information and Protection of Privacy Act (the “FOIP Act).

The Complainant alleged that employees of Alberta Community Development and Alberta Infrastructure breached the Complainant’s privacy when they disclosed the Complainant’s personal information to various parties. The Complainant also claimed that the employees were willfully spreading information about the Complainant that they knew was false, and that their actions damaged the Complainant’s ability to make a living.

The investigation found that Alberta Community Development disclosed the Complainant’s personal information in accordance with the following provisions of the FOIP Act: section 38(1)(b) [disclosure for the purpose for which the information was collected] and section 38(1)(g) [disclosure necessary for the performance of duties].

The investigation determined that the evaluation of the truthfulness of statements made by other parties about the Complainant is outside the jurisdiction of the FOIP Act. If the Complainant believes there is evidence that others were maliciously providing false information about the Complainant, the Complainant was advised to seek legal advice as to what options are available to address this matter.

The Complainant had also expressed concerns with Alberta Community Development’s handling of an employee relations matter. However, this Office has no mandate to review the fairness of the process employed by Alberta Community Development. The Office of the Ombudsman is the appropriate body to review matters of administrative fairness.