The work of the OIPC has evolved and grown over the decades, but retains a focus on performing its responsibilities set out in law and working for the good of Albertans.
The Office of the Information and Privacy Commissioner (OIPC) of Alberta is 30 years old, as of today. The first office officially opened in Edmonton on October 1, 1995, on the same date that the new Freedom of Information and Protection of Privacy Act (FOIP Act) came into force. The Act provided the mandate for the new office, including Commissioner Robert C. Clark, who was appointed to the position in a part-time capacity on June 1, 1995, and his staff.
“An anniversary of this kind allows us the opportunity to look back on the history of this office and appreciate the work that has been done on behalf of Albertans over the last three decades,” said Commissioner Diane McLeod. “Our work has been defined by the laws that provide our mandate and responsibilities, but it is the people who have worked at the OIPC who give our office its strong character, its dedicated work ethic, and its concern and care for Albertans’ information and privacy rights.”
As the years passed, the mandate of the OIPC expanded, when the Health Information Act (HIA) came into force in 2001 and the Personal Information Protection Act (PIPA) in 2004.
Along with the expanded mandate came an expanded workload. The first annual report of the OIPC for 1995-96 was issued in April 1996 and covered its first six months of operations. The report noted that during that time, the office opened 82 cases under the FOIP Act. By contrast, the 2023-24 Annual Report notes that 4,562 cases were opened in that fiscal year, under the FOIP Act, HIA and PIPA.
“Comparing these statistics is one way to grasp the incredible change our office has gone through over the decades,” said McLeod. “Our growing workload is certainly one of the issues that presents challenges for our office. It is also interesting to see that the office’s first annual report noted emerging privacy issues that included DNA data banks, a permanent voters’ list and health cards. Our annual report for 2023-24 describes issues that have no doubt evolved but there are thematic similarities, for example, abandoned health records and snooping into health information systems.”
In addition to changes in legislation, court cases through the years have provided interpretations of the role of the OIPC and affected its work. As well, rapidly evolving changes in technology have affected the way the office carries out its work and the kinds of issues it deals with.
“It is interesting to review a speech made in 2011 by the second commissioner to serve in this role, Frank Work, who noted that ‘notions of privacy and how to protect it are going to have to change with the speed of technology in order to remain relevant’,” added McLeod. “Although this comment was made 14 years ago, it is one that remains true today. The third commissioner to serve in Alberta, Jill Clayton, noted the ‘revolutionary and disruptive impacts of technology,’ which she said provide advancements, but also the potential for harm. Her final annual report, issued in 2022, noted that ‘modern, rigorous privacy laws are a required foundation to support innovation and to generate public trust in governments and private sector.’ This work continues well into my time as commissioner. Earlier this year, two new pieces of access and privacy legislation came into effect in Alberta, and we expect changes to other legislation as well. One of the greatest challenges for those who draft and comment upon this legislation is to consider the demands of our digital world.”
Through the OIPC, the Information and Privacy Commissioner performs the responsibilities set out in Alberta’s access to information and privacy laws, the Access to Information Act, the Protection of Privacy Act, the Freedom of Information and Protection of Privacy Act during the transition period, the Health Information Act, and the Personal Information Protection Act. The Commissioner operates independently of government.
For more information:
Elaine Schiman
communications@oipc.ab.ca
Communications Manager
Office of the Information and Privacy Commissioner of Alberta
Mobile: (587) 983-8766