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The Office of the Information and Privacy Commissioner (OIPC) of Alberta has published comments and a call for changes to two new access to information and privacy bills tabled in the legislative assembly earlier this month by the Alberta government. The bills are designed to create two new pieces of legislation to replace the existing public sector access and privacy law, the Freedom of Information and Protection of Privacy Act (FOIP Act). Information and Privacy Commissioner Diane McLeod is strongly recommending improvements to both bills before they are passed. “The modernization of the FOIP Act is crucial, as it has… Read More...

On November 20, 2024, the Office of the Information and Privacy Commissioner provided comments to the Government of Alberta regarding Bills 33 and 34, which were tabled in the Legislative Assembly of Alberta on November 6, 2024. The bills are designed to create two new pieces of legislation to replace the existing public sector access and privacy law, the Freedom of Information and Protection of Privacy Act (FOIP Act). Please click here to read the OIPC's letter and comments to the Minister of Technology and Innovation, Nate Glubish, on Bill 33. Please click here to read the OIPC's letter and… Read More...

Under the Freedom of Information and Protection of Privacy Act (the FOIP Act), the Applicant made an access request to the Medicine Hat Police Service (the Public Body). The Applicant sought a review of whether the Public Body complied with the timelines set under section 11 of FOIP Act. The Public Body admitted that it failed to meet the timelines, and the Adjudicator concluded the same. When explaining why it missed the deadlines, the Public Body expressed the view that section 3(a) of the FOIP Act excused it from providing records in response to an access request where those records… Read More...

An Applicant made a request to Environment and Protected Areas (the Public Body) under the Freedom of Information and Protection of Privacy Act (FOIP Act) for records created in response to a previous access request. The Public Body responded to the Applicant, providing records with information withheld under several exceptions. The Applicant requested an inquiry into the Public Body’s application of section 24(1), including its exercise of discretion in applying that provision. The Adjudicator found that section 24(1) applied to some of the information withheld under that provision. The Adjudicator ordered the Public Body to disclose to the Applicant the… Read More...

An Applicant made a request to Treasury Board and Finance (the Public Body) under the Freedom of Information and Protection of Privacy Act (FOIP Act) for records created in response to a previous access request. The Public Body responded to the Applicant, providing records with information withheld under several exceptions. The Applicant requested an inquiry into the Public Body’s application of section 24(1), including its exercise of discretion in applying that provision. The Adjudicator found that section 24(1) applied to some of the information withheld under that provision. The Adjudicator ordered the Public Body to disclose to the Applicant the… Read More...

An Applicant made a request to Municipal Affairs (the Public Body) under the Freedom of Information and Protection of Privacy Act (FOIP Act) for records created in response to a previous access request. The Public Body responded to the Applicant, providing records with information withheld under several exceptions. The Applicant requested an inquiry into the Public Body’s application of section 24(1), including its exercise of discretion in applying that provision. The Adjudicator found that section 24(1) applied to some of the information withheld under that provision. The Adjudicator ordered the Public Body to disclose to the Applicant the information not… Read More...

An Applicant made a request to Energy and Minerals (the Public Body) under the Freedom of Information and Protection of Privacy Act (FOIP Act) for records created in response to a previous access request. The Public Body responded to the Applicant, providing records with information withheld under several exceptions. The Applicant requested an inquiry into the Public Body’s application of section 24(1), including its exercise of discretion in applying that provision. The Adjudicator found that section 24(1) applied to some of the information withheld under that provision. The Adjudicator ordered the Public Body to disclose to the Applicant the information… Read More...

Because of the current work interruption at Canada Post, the Office of the Information and Privacy Commissioner (OIPC) of Alberta has ceased sending any items via Canada Post until further notice. If you are expecting items from the OIPC, please watch for them via secure encrypted email or courier. There will be no interruption in Government of Alberta (GoA) internal courier mail, so if you are within the GoA, items from the OIPC could also arrive that way. If you need to provide the OIPC with information or documentation, please use alternate means such as couriers, secure email, fax or… Read More...

As you may be aware, a “72-hour strike notice” was issued by the Canadian Union of Postal Workers (CUPW) to Canada Post, which could result in a potential work interruption at 00:01 on Friday, November 15, 2024. (Please note that providing notice does not mean a strike or lock-out will occur.) Because of the potential of a work interruption at Canada Post, the Office of the Information and Privacy Commissioner (OIPC) of Alberta will cease sending any items via Canada Post immediately, until further notice. If you are expecting items from the OIPC, please watch for them via secure encrypted… Read More...

A joint resolution on identifying and mitigating harms from privacy-related deceptive design patterns was issued by Canada’s privacy authorities after their annual meeting in Toronto in October 2024.  The resolution is available on the website of the Office of the Privacy Commissioner of Canada. Identifying and mitigating harms from privacy-related deceptive design patterns November 2024 Read More...

TORONTO – Privacy regulators from across Canada have issued a joint resolution calling for action on the growing use of deceptive design patterns (DDPs) that undermine privacy rights. Passed at their October annual meeting, hosted by the Information and Privacy Commissioner of Ontario, the resolution outlines key measures for organizations to adopt privacy-first design practices. Deceptive design patterns, often referred to as dark patterns, manipulate or coerce users into making decisions that may not be in their best interests, particularly children. These patterns are frequently used on websites and mobile apps, and their prevalence is a growing concern for regulators,… Read More...

An individual made a complaint to this office under the Health Information Act (HIA) that an employee of Canada Diagnostic Centres (CDC) accessed the electronic health information of the Complainant, specifically diagnostic imaging, in the Alberta Electronic Health Record (EHR, or Netcare). The Complainant states that she did not receive any health services at the CDC at or around the time the access was made and therefore, the access was not authorized by the HIA. The CDC is not a custodian under the HIA; nor is the employee identified in the Complainant’s complaint. Dr. Robert Davies confirmed that as the… Read More...

The Applicant requested his personal information from the Calgary Police Service (the Public Body) on three occasions. In the most recent request, the Public Body limited its search to information that had not been the subject of previous searches. The Public Body located some records, but severed information from them under sections 17 (disclosure harmful to personal privacy) and 20 (disclosure harmful to law enforcement). The Applicant requested review by the Commissioner of the Public Body’s most recent response to his access request, but not his previous requests. The Adjudicator found that the Public Body had met the duty to… Read More...

TORONTO, ON – Today, federal, provincial, and territorial (FPT) information and privacy commissioners and ombuds concluded two days of productive discussions on privacy and access to information issues across Canada. The annual event, hosted this year by the Information and Privacy Commissioner of Ontario, was a significant opportunity to address key issues, enhance collaboration among jurisdictions, and reaffirm a shared commitment to protecting the access and privacy rights of all Canadians. AI modernization and freedom of information Participants discussed novel ways artificial intelligence (AI) can modernize government services, including freedom of information (FOI) processes, while ensuring the use of these… Read More...

The Applicant made an access request to Environment and Protected Spaces for the following: A copy of any spreadsheets or reports prepared annually or quarterly between Jan. 1, 2017 and Jan. 5, 2021 that outline fees collected or uncollected fees used to cover the costs of the Oilsands Monitoring Program Time period: Jan 1, 2017 to Jan 5, 2021 The Public Body located responsive records but severed information from them on the basis that it was “nonresponsive” and on the basis of section 25 of the FOIP Act, which authorizes a public body to withhold information from an applicant if… Read More...

The Applicant made an access to information request under the Freedom of Information and Protection of Privacy Act (the Act) to the Calgary Police Service (the Public Body) seeking video of an interview with her daughter (the Recording). The Public Body withheld the entire Recording under section 20(1)(c) of the Act (harm to law enforcement techniques and procedures). The Adjudicator found that the Public Body did not establish that disclosing the Recording would harm its investigative techniques or procedures. The Adjudicator also ordered the Public Body to consider or reconsider (as the case may be) whether or not section 17(1)… Read More...

The Complainant was an elected member of the Council of University of Alberta Student’s Union (the Organization) in 2004. In November of 2020, the Complainant learned that documents containing his personal information about an incident in 2004 relating to his role as an elected member were publicly accessible on the Organization’s website. The Complainant contacted the Organization in November of 2020 and requested that the information be removed from the website. The Organization did not respond to his request. The Complainant submitted a complaint to the Commissioner on November 16, 2020 that the Complainant’s personal information was being disclosed contrary… Read More...

The Applicant made an access request dated February 22, 2024 to the City of Edmonton (the Public Body). The Public Body did not respond to the Applicant as required by section 11 of the FOIP Act. The Adjudicator ordered the Public Body to respond to the Applicant. Read More...

On December 17, 2020, the Applicant made the following access request to Energy and Minerals (the Public Body) under the Freedom of Information and Protection of Privacy Act (the FOIP Act): ABHA [the Alberta Backcountry Hunters Association] requests all records relating to Alberta Energy’s assessment of the “policy gap risk” and to Alberta Energy’s “review of the coal categories,” as referenced in Alberta Energy’s March 20, 2020 Advice to Minister (AR35437). A copy of this Advice document is attached. The relevant portion is on page 2 of the Advice document, which states: Despite existing land use policies, there is a… Read More...