What's New

The following is a list of some of the most recent postings on the website, including Orders, Investigation Reports, news releases and resources. The dates below correspond to the date that each item was posted on the website.

Order H2021-12: Dr. Colin Lywood
November 24, 2021

An applicant made a request to Insight Medical Imaging (Insight) for his own health information under HIA. The applicant sought a set of x-rays taken at one of Insight’s clinics. Insight is a partnership of radiologists (custodians). The Adjudicator determined Dr. Colin Lywood was the appropriate custodian to name as respondent in this case. The applicant received five x-rays in response to his access request. The applicant believes that there are two or three more. The Adjudicator confirmed that the custodian met the duty to properly respond to the access request (section 10(a) of HIA).

Order F2021-43: Children's Services
November 24, 2021

The applicant, which consists of the estate of a deceased person and the mother of the deceased person, made an access request to Children’s Services (CS). The applicant requested a file to assist it to determine beneficiaries and to determine whether it should pursue litigation. CS refused the access request on the basis that the requested file did not contain “testamentary wishes”. It applied section 17 of the FOIP Act (disclosure harmful to personal privacy) to withhold the file from the applicant. It also relied on section 126.1 of the Child, Youth, and Family Enhancement Act to withhold the identities of reporters from the applicant. The Adjudicator found that the request for records was an exercise of a right or power of the deceased under the FOIP Act and found that section 17 of the FOIP Act could not be applied to withhold the personal information of the deceased or her mother, given their status as applicants. The Adjudicator confirmed the decision of CS to sever the personally identifying information of the deceased’s siblings and some other third parties from the records. The Adjudicator also confirmed the decision of CS to sever information that would serve to identify a reporter from the records.

Annual Report 2020-21
November 16, 2021

The OIPC's Annual Report 2020-21 was tabled today in the legislature. It includes a parting message from the Commissioner whose term ends in 2022. The annual report also includes sections on trends and issues, case stats, regulation and enforcement, education and outreach, and financial statements.

Order P2021-11: Rogers Insurance Ltd.
November 10, 2021

An individual made a complaint that her insurance broker, Rogers Insurance Ltd., improperly collected her personal information. The complainant's insurance company informed Rogers Insurance Ltd. about the settlement of the complainant's insurance claim, including the amount of the settlement. The Adjudicator found that the complainant had consented to Rogers Insurance Ltd. collecting her personal information from her insurance company and that the collection of her personal information complied with PIPA.

Order F2021-42: Alberta Justice and Solicitor General
November 10, 2021

An applicant requested CCTV footage of an incident that took place at the Calgary Remand Centre. The applicant expressly requested that the footage contain time stamps. Alberta Justice and Solicitor General (JSG) located footage that did not contain time stamps. JSG withheld this video in its entirety under section 20 (disclosure harmful to law enforcement). In its submissions, JSG explained that it had saved CCTV footage and then used the footage to make the video. The Adjudicator asked JSG to conduct a new search that would include the saved source footage to which it referred, as the applicant had requested a copy of the source CCTV footage with time stamps and the video JSG created lacked time stamps. The Adjudicator decided to postpone making a decision in relation to JSG’s application of section 20 until JSG conducted a new search for the CCTV footage with time stamps. The Adjudicator decided that once the new search was conducted, and either new records located or an explanation of JSG’s new search for responsive records provided, the inquiry would resume.

External Adjudication Order No. 13
November 10, 2021

The OIPC was found to have properly excluded records requested by the applicant as the records related to the statutory functions of an Officer of the Legislature under the FOIP Act

Order F2021-40: Alberta Health
November 4, 2021

An applicant made an access request to Alberta Health (AH) for data and studies that informed the Government of Alberta’s recommendation to Albertans to wear face coverings to prevent the spread of COVID-19. AH did not respond to the access request within the timelines set out in the FOIP Act, but it responded during the inquiry.

Order F2021-41: Children's Services
November 4, 2021

An individual made a complaint that Children’s Services (CS) collected her personal information in the course of an investigation regarding someone else, and used that information to open an investigation into the complainant with respect to her children. The complainant also said that CS disclosed her personal information without authority. The Adjudicator found that CS had authority to collect the complainant’s personal information for the purpose of conducting an investigation or assessment under the Child, Youth and Family Enhancement Act (CYFEA). The Adjudicator was not satisfied that CS had authority to use the complainant’s personal information when it included her past history with CS as a minor when conducting a safety assessment. The Adjudicator ordered CS to conduct a review of this practice. The Adjudicator found that CS disclosed the complainant’s personal information without authority, in one instance, but had authority to disclose the personal information to the children’s school.

Resource: Helping Municipal Councillors Understand FOIP
November 2, 2021

Elected officials often have questions about Alberta’s FOIP Act. This brief guidance for councillors provides the basics of the law for municipalities, describes differences between constituency and municipality records, summarizes how FOIP applies to in camera meetings, cautions the use of personal email accounts and texting for council business, and highlights the duty to protect personal information.

Order H2021-11: Dr. Charles B. Metcalfe
November 1, 2021

An applicant made an access request under HIA to Dr. Charles B. Metcalfe for his complete file. The applicant specified that he was seeking records relating to his attendances at the Rockyview General Hospital Emergency Room, subsequent admissions to the hospital, and urological surgeries. Dr. Metcalfe provided the applicant with copies of two procedure reports and one diagnostic imaging report relating to procedures. The applicant believed further records should have been provided to him. The Adjudicator found that Dr. Metcalfe failed to fulfill his duty to assist the applicant by not informing him that most of the records sought by the applicant are in the custody and control of Alberta Health Services. Dr. Metcalfe also failed to satisfy the Adjudicator that the search for records was adequate. The Adjudicator ordered Dr. Metcalfe to provide the applicant with additional information about the search for records, and conduct any additional search as appropriate. The Adjudicator also ordered Dr. Metcalfe to familiarize himself with his obligations under section 10 of HIA, as set out in this order, and to instruct staff at his clinic about those obligations.

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