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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 F2018-47: Alberta Education
October 17, 2018

The applicant requested a copy of the contents of briefing binders for representatives of Alberta Education attending the debate of the Ministry's budget estimate. Alberta Education withheld records on the basis that the records were created for the sole purpose of briefing a member of Executive Council in preparation for a sitting of the legislature (section 6(4)(b) of the FOIP Act). The Adjudicator determined that the record at issue was created in order to brief the Minister in preparation for a meeting of the Committee of Supply and that it also served to enable employees of Alberta Education to brief the Minister for this meeting. The Adjudicator found that the requirement that the record be created for the sole purpose of briefing the Minister was met. The Adjudicator found that meetings of the Committee of Supply are a traditional part of a sitting of the Legislative Assembly; therefore, the records were created in preparation for a sitting of the Legislative Assembly. Alberta Education was authorized to refuse access to the records.

Order F2018-52: Alberta Labour
October 17, 2018

The applicant made a request to Alberta Labour for briefing material created for the Deputy Minister of Labour who was transitioning to this role. The FOIP Act removes the right of access to a record that is created solely for the purpose of briefing a member of cabinet in respect of assuming responsibility for a ministry (section 6(4)(a)). The Adjudicator confirmed Alberta Labour's decision to refuse access to the record.

Order F2018-55: Alberta Labour
October 17, 2018

The applicant requested a fee waiver for records relating to an investigation report authored by a particular occupational health and safety officer. Alberta Labour provided a fee estimate of $290.25; the final fees were $304.25. The applicant paid the fees, and also requested a waiver of the fees on the basis that the records related to a matter of public interest. The Adjudicator found that the records do not relate to a matter of public interest such that a fee waiver would be warranted. The Adjudicator also found that Alberta Labour did not provide satisfactory reasons for some of the fees charged to the applicant. The Adjudicator ordered a refund of some of the fees.

Order F2018-56: Alberta Children's Services
October 17, 2018

On June 26, 2017, the applicant made an access request to Alberta Children's Services for briefing materials created for meetings between the Minister and Deputy Minister. Alberta Children's Services did not respond to applicant, despite obtaining an extension from the Commissioner to enable it to do so. The Adjudicator ordered Alberta Children's Services to respond to the applicant.

Order F2018-57: Alberta Community and Social Services
October 17, 2018

On June 26, 2017, the applicant made an access request to Alberta Community and Social Services for briefing materials created for meetings between the Minister and Deputy Minister. Alberta Community and Social Services did not respond to applicant, despite obtaining an extension from the Commissioner to enable it to do so. The Adjudicator ordered Alberta Community and Social Services to respond to the applicant.

Order F2018-58: City of Calgary
October 17, 2018

On March 13, 2018, the applicant made an access request to the City of Calgary but the City of Calgary did not respond within the time limits set out in the FOIP Act (section 11). The Adjudicator noted that the City of Calgary did not comply with section 11, but it did respond during the inquiry.

News Release: AHS Failed to Properly Protect Health Information
October 17, 2018

An investigation by the OIPC has found that a former employee of Alberta Health Services (AHS) accessed and used health information in contravention of the Health Information Act. The investigation also determined that AHS failed to ensure the employee was aware of and adhered to safeguards to protect health information.

Investigation Report H2018-IR-01: Alberta Health Services
October 17, 2018

This investigation was opened after Alberta Health Services (AHS) reported a privacy breach to the OIPC about a former employee who had improperly accessed the health information of more than 12,000 individuals between 2004 to 2015 in Alberta Netcare, the provincial electronic health record, and Netcare Person Directory, a subsystem of the provincial electronic health record. AHS also notified individuals affected by the breach. After AHS notified affected individuals, the OIPC received a total of 30 written complaints from affected individuals. Given the number of affected individuals in this case, the number of complaints submitted to the OIPC and media coverage of this matter, the Commissioner opened this investigation to review whether the employee’s accesses were in compliance with HIA and whether AHS took reasonable steps to safeguard health information.

Order F2018-45: Alberta Health
October 4, 2018

The applicant requested a copy of the contents of briefing binders for representatives of Alberta Health attending the debate of the Ministry's budget estimate. Alberta Health withheld records on the basis that the records were created for the sole purpose of briefing a member of Alberta Health in preparation for a sitting of the legislature (section 6(4)(b) of the FOIP Act). The Adjudicator determined that the record at issue was created in order to brief the Minister in preparation for a meeting of the Committee of Supply and that it also served to enable employees of Alberta Health to brief the Minister for this meeting. The Adjudicator found that the requirement that the record be created for the sole purpose of briefing the Minister was met. The Adjudicator found that meetings of the Committee of Supply are a traditional part of a sitting of the Legislative Assembly; therefore, the records were created in preparation for a sitting of the Legislative Assembly. Alberta Health was authorized to refuse access to the records.

Order F2018-46: Executive Council
October 4, 2018

The applicant requested a copy of the contents of briefing binders for representatives of Executive Council attending the debate of the Ministry's budget estimate. Executive Council withheld records on the basis that the records were created for the sole purpose of briefing a member of Executive Council in preparation for a sitting of the legislature (section 6(4)(b) of the FOIP Act). The Adjudicator determined that the record at issue was created in order to brief the Minister in preparation for a meeting of the Committee of Supply and that it also served to enable employees of Executive Council to brief the Minister for this meeting. The Adjudicator found that the requirement that the record be created for the sole purpose of briefing the Minister was met. The Adjudicator found that meetings of the Committee of Supply are a traditional part of a sitting of the Legislative Assembly; therefore, the records were created in preparation for a sitting of the Legislative Assembly. Executive Council was authorized to refuse access to the records.

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