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.
A former billing clerk with Alberta Health Services was fined $8,000 and sentenced to one year of probation with conditions after pleading guilty in Red Deer Provincial Court to knowingly accessing health information in contravention of HIA. One of the probation conditions was for the individual to not be employed in a position that gives him access to health information for one year. Of the 13 convictions for unauthorized access to health information, this was the second case in which one of the conditions was for the convicted not to access health information for one year.
A medical office assistant pleaded guilty in Edmonton Provincial Court to knowingly accessing the health information of two individuals on numerous occasions in contravention of HIA on September 26, 2019. The judge issued a $3,500 fine, plus a victim fine surcharge of $525.
An applicant requested records regarding positions excluded from the bargaining unit from ATB Financial. ATB Financial refused access on the basis that it believed the records were excluded under section 4(1)(r), which states that the FOIP Act does not apply to a record in the custody or control of a treasury branch other than a record that relates to a non-arm's length transaction between the Government of Alberta and another party. ATB Financial also refused access on the basis that it did not have responsive records. The Adjudicator determined that section 4(1)(r) did not apply to the requested records. The Adjudicator ordered ATB Financial to search for, and produce, records relating to policies and classifications for specified positions without reference to section 4(1)(r).
An individual requested from Municipals Affairs emails sent by an individual employed by Municipal Affairs to Thorhild County Councillors and the Thorhild County Acting CAO. The Adjudicator determined that Municipal Affairs conducted an adequate search for records.
An applicant requested access to his deceased mother's health information from Alberta Health Services (AHS) in his capacity as the executor of her estate. In Order H2018-01, the Adjudicator determined that the applicant had standing under HIA to make the access request and directed AHS to conduct a new search for records responsive to certain points of the access request. AHS conducted a new search and provided additional records. The applicant requested a review of AHS' new search for responsive records. The Adjudicator ordered AHS to conduct a search for records responsive to certain points of the applicant’s access request that did not form part of the applicant’s mother’s chart or electronic health record. If AHS is unable to locate responsive records, or it has already conducted this type of search, the Adjudicator noted that it must document the search it conducted by addressing the points set out in Order F2007-029.
An applicant made a detailed access to Alberta Labour and Immigration (formerly Alberta Jobs, Skills, Training and Labour). The applicant requested a review as to whether Alberta Labour and Immigration had met its duty to assist him, as required by section 10 of the FOIP Act. The Adjudicator concluded that Alberta Labour and Immigration had met its duty to assist the applicant.
The University of Lethbridge (U of L) requested authorization to disregard an access request submitted by an applicant. The U of L also requested authorization to disregard any subsequent related requests for a period of three years. The Commissioner determined that the U of L met its burden to prove that the applicant’s access request was repetitious or systematic in nature and amounted to an abuse of the right to make the request. In the absence of any further submissions by the U of L on the request for future authorization to disregard, the Commissioner did not consider the U of L's request at this time.
An individual complained that a senior investigator of the Calgary Police Service improperly accessed her personal information by reviewing a file containing reference to her. The complainant did not provide submissions for the inquiry. The Adjudicator found that it had not been established that the complainant's personal information had been accessed. The Adjudicator dismissed the complaint.
An applicant requested records from Alberta Justice and Solicitor General (JSG) regarding the RCMP's authority to enter properties during a flood and seize weapons. JSG informed the applicant that it was unable to locate responsive records. The Adjudicator confirmed that JSG had conducted an adequate search for responsive records and met the duty to assist in relation to the access request.
A former billing clerk with Alberta Health Services pleaded guilty in Red Deer Provincial Court to illegally accessing health information of 52 Albertans under HIA on August 21, 2019. The judge issued a $5,000 fine and ordered the individual not to access health information for one year. The unauthorized accesses occurred in Red Deer.
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