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.
An individual complained that Parkland School Division No. 70 had collected, used and disclosed her son's personal information and her own personal informationi in contravention of Part 2 of the FOIP Act. She complained that the school division had used personal information at an appeal hearing, even though the information had been given to assist a teacher to teach her son. In addition, the individual complained that a teacher had attempted to discuss her son’s behavior with her in front of others at the school. The Adjudicator determined that the school division’s use and collection of personal information was authorized under the FOIP Act. The Adjudicator also determined that there was no evidence that the school division had disclosed personal information when the teacher had attempted to speak to the complainant.
An individual complained that Calgary Police Service (CPS) had disseminated his personal information in contravention of the FOIP Act when its former FOIP Manager provided information about a letter comprised of questions he had written regarding his access request to the Chief and to other CPS officials. The individual also complained that CPS had disseminated his personal information without authority when a law firm was chosen to respond to the access request. Finally, the individual argued that the law firm was not properly delegated to respond to the access request and was in a conflict position. The Adjudicator determined that CPS had not disseminated the individual’s personal information in contravention of the FOIP Act. The Adjudicator determined that the law firm had been delegated to respond to the individual’s letter in accordance with the FOIP Act (section 85). The Adjudicator determined that the process for independent reviews of public body decisions set out the FOIP Act cured any defects attributable to potential conflicts of interest or bias.
An individual complained that the president of the Canadian Energy Workers' Association disclosed his personal information at a meeting of the organization's members. The Adjudicator found that the provision of the individual’s personal information to the organization’s members was a use of the information, rather than a disclosure. The Adjudicator found that PIPA (section 17(d)), which enables an organization to use personal information for the purposes of legal proceedings without consent, authorized this use.
Two separate applicants filed access requests with Alberta Justice and Solicitor General (JSG) related to the Government of Alberta's recovery of health care costs litigation under the Crown’s Right of Recovery Act including records related to the selection process of the law firm group chosen to conduct the litigation and the contingency fee agreement between the government and the law firm group. The External Adjudicator made several findings in this part of the inquiry, and ordered JSG to give the applicants access to certain records at issue including one record where specific parts had been partially waived.
On March 16, 2018, Alberta Health Services (AHS) acknowledged receipt of an applicant's access request for records relating to the Red Deer Hospital, specifically within AHS' communications department during a certain time frame. AHS collected a deposit to process the fees, but did not respond to the applicant. The Adjudicator directed AHS to respond to the access request.
The 2017-18 Annual Report highlighted several access to information and privacy trends and issues, such as political parties, the European Union's General Data Protection Regulation, and genetic testing. The report also showed the most number of cases were opened and closed by the OIPC in a fiscal year in 2017-18, and noted a 98% increase in cases closed over five years. There were also record high numbers of requests for review opened and closed by the OIPC, privacy breaches reported to the OIPC, and privacy impact assessments submitted for review. The Commissioner and staff also participated in 72 presentations, training sessions and speaking engagements, including five presentations the Commissioner made to education groups and associations to encourage the education sector to teach students about access and privacy rights. The Annual Report was tabled in the legislature on November 21, 2018.
The OIPC provides a list of all privacy impact assessments (PIAs) accepted in a fiscal year. Statistics are from the period April 1, 2017 to March 31, 2018. In total, there were 689 accepted PIAs during the reporting period, of which 98% (672) were from custodians under HIA, since PIAs are required by section 64 of HIA.
We are seeking nominations for the 2018-19 Robert C. Clark Award, named after Alberta’s first Information and Privacy Commissioner. The award recognizes an individual, group or organization that has contributed significantly to advancing access to information in Alberta. The deadline for nomination packages to be received is Monday, December 31, 2018.
On February 4, 2018, an applicant made a request for records from Alberta Justice and Solicitor General (JSG). JSG did not respond to the applicant within the time limit set out in the FOIP Act. The Adjudicator ordered JSG to respond to the applicant.
On March 23, 2018, an applicant made a request for records from the Town of Peace River. The Adjudicator found that the applicant appeared to have requested a review of the Town of Peace River’s failure to respond to its request before the 30-day time limit in the FOIP Act. However, that 30-day period had long passed at the time of this order. The Adjudicator ordered the Town of Peace River to respond to the applicant.
Copyright 2018 OIPC. All rights reserved.