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Information and Privacy Commissioner Diane McLeod has launched an investigation into the Alberta Energy Regulator (AER) concerning AER’s consideration of the public interest override, or section 32, under the Freedom of Information and Protection of Privacy Act (FOIP). The investigation relates to whether AER had an obligation under section 32 of FOIP to disclose information to the public or others about the tailings pond leak from Imperial’s Kearl Oil Sands Project. The issues for the investigation are: After learning about the substance release(s) from Imperial: Did AER have a duty under section 32(1) to disclose information about a risk of… Read More...

An individual made a complaint alleging that Advanced Upstream Ltd. disclosed his personal information in contravention of PIPA when, through external legal counsel, it sent a complete copy of his employment contract to a competitor corporation. The Adjudicator found that under section 5(2) of PIPA, Advanced Upstream Ltd. was responsible for disclosure by its external legal counsel. The Adjudicator found that the complainant consented to disclosure of personal information under section 8(1) of PIPA. The Adjudicator found that it was reasonable for Advanced Upstream Ltd. to disclose some personal information in the contract, but that disclosure of other personal information… Read More...

The applicant made an access request to Energy under FOIP. The applicant requested a review of Energy’s failure to respond. The Adjudicator ordered Energy to respond to the applicant’s access request as required by FOIP. Read More...

Individuals made complaints that the Edmonton Police Service (EPS) disclosed their personal information to members of the media. In particular, they complained that the EPS had referred to them as “persons of interest” in relation to a criminal investigation in which EPS had executed search warrants on properties they owned. At inquiry, EPS argued that it had disclosed the complainants’ personal information for purposes consistent with its original purpose in collecting the complainants’ personal information. It also argued that it was not an invasion of personal privacy to disclose the information and also argued that the information that was disclosed… Read More...

The applicant made an access request under FOIP to Environment and Parks (now Environment and Protected Areas) for records between Environment and Protected Areas and the Strategic Alliance Vendor consortium. Environment and Protected Areas searched for and located responsive records. It applied sections 24(1) (advice from officials) and 25 (disclosure harmful to economic and other interests) of FOIP to withhold some information from the applicant. The Adjudicator confirmed that section 24(1) applied to the information to which Environment and Protected Areas had applied this provision, but found that Environment and Protected Areas had not demonstrated that it had exercised its… Read More...

An individual made a complaint that Direct Energy Regulated Services (Direct Energy) collected, retained and used his personal information in contravention of PIPA. Part 1 of this inquiry addressed the issues of collection and use which were considered in Order P2021-10. In Part 2 of the inquiry, the Adjudicator found that Direct Energy’s retention of the complainant’s business contact information (which was also personal information) was exempt under section 4(3)(d) up to the point at which individual no longer had any business responsibilities vis-à-vis Direct Energy. The Adjudicator found that Direct Energy had destroyed individual’s information once the exemption no… Read More...

The privacy protection authorities for Canada, Québec, British Columbia and Alberta announced today that they will jointly investigate the short-form video streaming application TikTok. The investigation will be undertaken by: The Office of the Privacy Commissioner of Canada (OPC); La Commission d'accès à l'information du Québec (CAI); The Office of the Information and Privacy Commissioner for BC (OIPC BC); and The Office of the Information and Privacy Commissioner of Alberta (OIPC AB) The investigation was initiated in the wake of now settled, class action lawsuits in the United States and Canada, as well as numerous media reports related to TikTok’s… Read More...

The applicant submitted an access request for certain information to Public Safety and Emergency Services (formerly Justice and Solicitor General). The applicant indicated that the time limit for responding to the access request under FOIP had expired and Public Safety and Emergency Services had not provided a response. The Adjudicator ordered Public Safety and Emergency Services to respond to the applicant’s access request as required by the Act. Read More...

The applicant made an access request to Justice and Solicitor General (now Public Safety and Emergency Services) for particular reports of the Alberta Serious Incident Response Team (ASIRT). Public Safety and Emergency Services responded, with information withheld citing disclosure harmful to personal privacy under FOIP (section 17(1)). The Adjudicator found that Public Safety and Emergency Services properly applied section 17(1) to most, but not all, information withheld under that provision. Read More...

The applicant made an access request under HIA to Alberta Health Services (AHS) for her health information related to health care services provided to the applicant on two specified days. The request was for records of the applicant’s admission and treatment, as well as surgical reports. AHS provided records to the applicant in response to the request. The applicant requested a review of AHS' search for records. The Adjudicator found that AHS initially failed to meet its duty to assist the applicant but that this initial failure was rectified by AHS as a result of the review that preceded the… Read More...

The applicant made an access request to the Public Service Commissioner (PSC) for records in the applicant’s personnel file. PSC did not respond to the applicant under FOIP although it contacted the applicant regarding obtaining the requested records through processes other than those governed by FOIP. The Adjudicator directed PSC to respond to the applicant. Read More...

The applicant made a request to the Acuren Group Inc. for access to his own personal information. Acuren Group withheld some of the applicant’s personal information under sections 24(3)(b) and (c) of PIPA and on the basis of litigation and solicitor-client privilege under section 24(2)(a) of PIPA. The Adjudicator also considered “work-product privilege” for some records identified as a solicitor’s work product. The Adjudicator found that the Acuren Group properly withheld information under section 24(3)(b) and (c). However, the Adjudicator ordered Acuren Group to disclose any of the applicant’s personal information found in records that the Adjudicator had determined not… Read More...

The applicant made an access to information request to Alberta Energy. Alberta Energy extended time to respond to the access request under section 14(1)(b) and obtained a further extension to the deadline to respond from the OIPC. Alberta Energy failed to respond to the access request within the extended time period. The applicant complained that Alberta Energy failed to comply with section 11 of the Act (time to respond). Alberta Energy admitted that it failed to comply with section 11, but had since responded to the access request. Read More...

Caron & Partners LLP requested authorization under section 37 of PIPA to disregard an access request made by an applicant. Caron & Partners LLP was not authorized to disregard the applicant’s access request. Read More...

The applicant made an access request to the Edmonton Police Service (EPS) for information relating to him as a former EPS employee. EPS responded to the request, providing 1,886 pages of records, as well as a video recording. Some information was withheld under sections 17(1), 20(1), 21(1), 23(1), 24(1) and 27(1) of FOIP. The Adjudicator made several determinations in this order. Read More...

The applicant made two access requests to the City of Edmonton for notes and actions taken by bylaw enforcement officers regarding two addresses. The City of Edmonton refused to confirm or deny the existence of responsive records on the basis that doing so would be an unreasonable invasion of personal privacy under section 12(2)(b) of FOIP. The Adjudicator determined that confirming the existence of responsive records would not disclose personal information, and ordered the City of Edmonton to respond to the applicant without reliance on section 12(2)(b). Read More...

The applicant made an access request to the City of Calgary for a study/report for Hillhurst/Sunnyside, prepared by Coriolis Consulting Corp. The City of Calgary provided the applicant with a copy of the report marked “draft". The applicant advised the City of Calgary that she was seeking the final version of the report. The City of Calgary conducted additional searches and informed the applicant that the draft report was the only version of the report that it had. The Adjudicator found that the City of Calgary did not conduct an adequate search for a final version of the report under section… Read More...

The applicant made an access request to Environment and Protected Areas for for all records related to the Saddle Hills Target Sports Association's proposed shooting range. Environment and Protected Areas did not respond to the access request within the time limit set out in FOIP. The Adjudicator directed Environment and Protected Areas to respond to the access request. Read More...

The applicant made an access request to Environment and Protected Areas (formerly Environment and Parks) for briefings to the Minister regarding the decision to rescind the document ‘A Coal Development Policy for Alberta’. Environment and Protected Areas identified and provided access to four responsive records, with some information withheld under sections 22(1) (cabinet and treasury board confidences) and 24(1)(a) (advice from officials) of FOIP. The Adjudicator determined that Environment and Protected Areas properly applied section 24(1) to most of the information withheld in the records, but ordered the disclosure of some additional information to the applicant to which section 24… Read More...

The applicant made an access request to Public Safety and Emergency Services (formerly Justice and Solicitor General) but did not provide a response within the time limit set out in FOIP. The Adjudicator ordered Public Safety and Emergency Services to respond to the applicant’s access request as required by the Act. Read More...