Bill 205 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 205 Freedom of Information and Protection of Personal Privacy Act (Legislature 22, Session 2)

L22 S2 2737

Alberta — Bills

BILL 205 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 205 FREEDOM OF INFORMATION AND PROTECTION OF PERSONAL PRIVACY ACT MR. DECORE First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 205 Mr. Decore l^u^scs l^finitions BILL 205 1990 FREEDOM OF INFORMATION AND PROTECTION OF PERSONAL PRIVACY ACT (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 The purposes of this Act are, (

a) to provide a right of access to information under the control of institutions in accordance widi the principles that, (

i) information should be avaUable to the public, (ii) necessary exemptions from the right of access should be Umited and specific, and (iii) decisions on the disclosure of govemment information should be reviewed independendy of govemment; and (

b) to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to diat information. 2(1) In this Act, (a) "head", in respect of an institution, means, (

i) in the case of a department, the minister who presides over the department, and

(

U) in the case of any other institution, the person designated as head of that institution in the regulations; (b) "Information and Privacy Commissioner" and "Commissioner" mean the Commissioner appointed under subsection 4(1); (c) "institution" means, (

i) a department of the Govemment of Alberta, (ii) die corporation of every municipality in Alberta, as defined by the Municipal Government Act, and every authority, board, commission, corporation, office or organization of persons whose members or officers are appointed or chosen by or under the authority of die council of the corporation of a municipality in Alberta, and (ui) any agency, board, commission, corporation or other body designated as an institution in die regulations; (d) "law enforcement" means, (

i) poUcing, (

U) investigations or inspections that lead or could lead to proceedings in a court or tribunal if a penalty or sanction could be imposed in those proceedings, and (ui) die conduct of proceedings referred to in subclause (U); (e) "personal information" means recorded information about an identifiable individual, including, (

i) information relating to die race, national or etiinic origin, colour, religion, age, sex, sexual orientation or marital or family status of die individual, (ii) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved.

(ui) any identifying number, symbol or other particular assigned to the individual, (iv) die address, telephone number, fingerprints or blood type of the individual, (

v) the personal opinions or views of the individual except where they relate to another individual, (vi) correspondence sent to an institution by the individual that is impUcitiy or explicidy of a private or confidential nature, and repUes to diat correspondence that would reveal the contents of the original correspondence, (vU) die views or opinions of another individual about the individual, and (vui) the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; (f) "personal information bank" means a coUection of personal information that is organized and capable of being retrieved; (g) "record" means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise, and includes, (

i) correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a fihn, a microfilm, a sound recording, a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof, and (ii) subject to the regulations, any record diat is capable of being produced from a machine readable record under the control of an institution by means of computer hardware and software or any odier information storage equipment and technical expertise normally used by the institution;

(h) "regulations" means the regulations made under this Act; (i) "responsible minister" means the minister of the Crown who is designated by order of die Lieutenant Govemor in CouncU under

section 3. Personal information

(2) Personal information does not include information about an individual who has been dead for more than 30 years. cemed head where no designation

(3) Where no head is designated under clause (ii) in the definition of "head" in subsection (l)(

a) in respect of an instimtion, the minister responsible for that institution shaU be deemed to be the head of that institution. PARTI ADMINISTRATION Responsible Minister Information and Privacy Commissioner Appointment 'I'erm and removal from orrice Assistant Commissioners 3 This Act shall be administered by die member of Executive CouncU named for the purpose by the Lieutenant Govemor in CouncU. 4(1) There shaU be appointed, as an officer of die Legislamre, an Information and Privacy Commissioner to exercise the powers and perform die duties prescribed by this Act.

(2) The Commissioner shaU be appointed by die Lieutenant Govemor m CouncU on die recommendation of die Legislative Assembly.

(3) The Commissioner shall hold office for a term of 5 years and may be reappointed for a furdier term or terms, but is removable at any time for cause by the Lieutenant Govemor in CouncU on the address of die Assembly.

(4) The Commissioner shaU appoint an officer of his staff to be Assistant Information Commissioner and anodier officer of staff to be Assistant Privacy Commissioner.

Nature of Employment 5 The Commissioner shall work exclusively as Commissioner and shall not hold any other office under the Crown or engage in any other employment. Salary Expenses Temporary Commissioner Benefits 6(1) The Commissioner shaU be paid a salary to be fixed by the Lieutenant Govemor in Council out of money appropriated to the purpose by the Legislature.

(2) The salary of the Commissioner shall not be reduced except on the recommendation of the Assembly.

(3) The Commissioner is entided to be paid reasonable traveUing and Uving expenses whUe absent from an ordinary place of residence in the exercise of any function under this Act.

(4) The MLA Pension Plan Act applies with necessary modifications to the Commissioner in the same manner as if the Commissioner were a member of the Legislative Assembly. 7 If, whUe the Legislature is not in session, or is adjoumed for more than 30 days, the Commissioner dies, resigns or is unable or neglects to perform the functions of the office of Commissioner, the Lieutenant Govemor in CouncU may appoint a Temporary Commissioner to hold office for a term of not more than 6 months who shall, whUe in such office, have the powers and duties of the Commissioner and shaU be paid such salary or other remuneration and expenses as the Lieutenant Govemor in CouncU may fix, provided money has been appropriated for the purpose. 8(1) Subject to the approval of the Lieutenant Govemor in CouncU, die Commissioner may employ mediators and any other officers and employees the Commissioner considers necessary for the efficient operation of the office and may determine their salary and remuneration and terms and conditions of employment.

(2) The employee benefits applicable from time to time to the public servants of Alberta with respect to (

a) cumulative vacation and sick leave credits for regular attendance and payments in respect of such credits, (

b) plans for group life insurance, medical-surgical insurance or long term income protection, and

(

c) die granting of leave of absence, apply to the employees of die Commissioner, and where such benefits are provided for in regulations made under die Public Service Act, the Commissioner, or any person audiorized in writing by him, may exercise the powers and duties of a minister or deputy minister under such regulations. Premises and supplies 9(1) The Commissioner may lease any premises and acquire any equipment and suppUes necessary for the efficient operation of the office of the Commissioner. Salary and expenses

(2) The salary of the Commissioner and die expenses required for the operation of the office are payable out of moneys appropriated to diat purpose by the Legislature.

(3) The accounts and financial transactions of die office of the Commissioner shall be audited annuaUy by the Auditor General.

PART 2 FREEDOM OF INFORMATION Right of access Severability of record OWijiation to disclose ACCESS TO RECORDS 10(1) Every person has a right of access to a record or a part of a record in the custody or under the cond-ol of an instimtion unless the record or the part of die record falls widiin one of die exemptions under sections 12 to 22.

(2) Where an institution receives a request for access to a record that contains information diat falls widiin one of die exemptions under sections 12 to 22, die head shaU disclose as much of the record as can reasonably be severed widiout disclosing the information that falls under one of the exemptions. 11(1) Despite any other provision of this Act, a head shall, as soon as practicable, disclose any record to the public or person affected if the head has reasonable and probable grounds to believe diat it is in the public interest to do so and diat die record reveals a grave environmental, health or safety hazard to die public.

Notice

(2) Before disclosing a record under subsection (1), die head shaU cause notice to be given to any person to whom the information in the record relates, if it is practicable to do so. Contents of notice

(3) The notice shaU contain, (

a) a statement that the head intends to release a record or a part of a record that may affect the interests of the person; (

b) a description of the contents of the record or part that relate to the person; and (

c) a statement that if the person makes representations forthwith to the head as to why the record or part thereof should not be disclosed, those representations wiU be considered by the head. Representations ^4^ y^ pcrsou who Is glvcu noticc uudcr subsection (2) may make representations forthwith to the head conceming why the record or part should not be disclosed. EXEMPTIONS 12(1) A head shaU refuse to disclose a record where die disclosure would reveal the substance of deUberations of the Executive Council or its committees, mcluding, (

a) an agenda, minute or odier record of the deUberations or decisions of the Executive CouncU or its committees; (

b) a record containing policy options or recommendations submitted, or prepared for submission, to the Executive CouncU or its committees; (

c) a record diat does not contain poUcy options or recommendations referred to in clause (

b) and diat does contain background explanations or analyses of problems submitted, or prepared for submission, to die Executive Council or its committees for their consideration in making decisions, before those decisions are made and implemented; (

d) a record used for or reflecting consultation among ministers of the Crown on matters relating to die making of

govemment decisions or die formulation of govemment policy; (

e) a record prepared to brief a minister of die Crown in relation to matters that are before or are proposed to be brought before the Executive CouncU or its committees, or are the subject of consultations or die formulation of govemment poUcy; and (

f) draft legislation or regulations. Exception ^2) Dcspito subscction (1), a head shall not refuse under subsection (1) to disclose a record where, (

a) the record is more than 20 years old; or (

b) the Executive CouncU for which, or in respect of which, the record has been prepared consents to access being given. Advice to government 13(1) A head may refuse to disclose a record where die disclosure would reveal advice or recommendations of a pubUc servant, any odier person employed in the service of an institution or a consultant retamed by an institution. Exception ^2) Dcspitc subscctiou (1), a head shall not refuse under subsection (1) to disclose a record that contains, (

a) factual material; (

b) a statistical survey; (

c) a report by a valuator, whether or not die valuator is an officer of die instimtion; (

d) an envu-onmental impact statement or similar record; (

e) a report of a test carried out on a product for the purpose of govemment equipment testing or a consumer test report; (

f) a report or study on the performance or efficiency of an institution, whether die report or study is of a general nature or is in respect of a particular program or policy; (

g) a feasibility smdy or odier technical study, including a cost estimate, relating to a govemment policy or project;

(

h) a report containing die results of field research undertaken before the formulation of a policy proposal; (

i) a final plan or proposal to change a program of an instimtion, or for the estabUshment of a new program, including a budgetary estimate for the program, whether or not the plan or proposal is subject to approval, unless the plan or proposal is to be submitted to die Executive CouncU or its committees; (

j) a report of an interdepartmental committee task force or similar body, or of a committee or task force widiin an instimtion, which has been established for die purpose of preparing a report on a particular topic, unless the report is to be submitted to the Executive Council or its committees; (

k) a report of a committee, council or other body which is attached to an institution and which has been established for the purpose of undertaking inquiries and making reports or recommendations to the institution; (

I) the reasons for a final decision, order or mling of an officer of the institution made during or at the conclusion of the exercise of discretionary power conferred by or under an enactment or scheme administered by die institution, whether or not the enactment or scheme allows an appeal to be taken against the decision, order or mUng, whether or not the reasons (

i) are contained in an intemal memorandum or the institution or in a letter addressed by an officer or employee of die institution to a named person, or (

U) were given by the officer who made the decision, order or ruling or were incorporated by reference into the decision, order or mling.

(3) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record where die record is more than 20 years old or where die head has publicly cited die record as the basis for making a decision or formulating a policy. Law enforcement j^^^ ^ j^^^ ^^^ ^^^^^^ ^^ dlsclosc 3 rccorti whcrc tiic tilsclosure could reasonably be expected to.

(

a) interfere widi a law enforcement matter; (

b) interfere with an investigation undertaken widi a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (

c) reveal investigative techniques and procedures currentiy in use or likely to be used in law enforcement; (

d) disclose the identity of a confidential source of information in respect of a law enforcement matter, or disclose information fumished only by the confidential source; (

e) endanger the Ufe or physical safety of a law enforcement officer or any other person; (

f) deprive a person of the right to a fair trial or impartial adjudication; (

g) interfere with the gathering of or reveal law enforcement intelligence information respecting organizations or persons; (

h) reveal a record which has been confiscated from a person by a peace officer in accordance with

an Act or regulation; (

i) endanger die security of a budding or the security of a vehicle carrying items, or of a system or procedure established for the protection of items, for which protection is reasonably required;

G) facUitate the escape from custody of a person who is under lawful detention; (

k) jeopardize the security of a centre for lawful detention; or (

I) facUitate the commission of an unlawful act or hamper the control of crime.

(2) A head may refuse to disclose a record, (

a) that is a report prepared in the course of law enforcement, inspections or mvestigations by an agency which has the function of enforcing and regulating compUance widi a law; 10

(

b) that is a law enforcement record where the disclosure would constitute an offence under

an Act of ParUament; (

c) that is a law enforcement record where die disclosure could reasonably be expected to expose the audior of the record or any person who has been quoted or paraphrased in the record to civil liability; or Refusal to confirm or deny existence of record Exception (

d) that contains information about the history, supervision or release of a person under the control or supervision of a correctional authority.

(3) A head may refuse to confirm or deny the existence of a record to which subsection (1) or (2) apply.

(4) Despite subsection (2)(a), a head shaU disclose a record that is a report prepared in the course of routine inspections by an agency where that agency is authorized to enforce and regulate compUance with a particular statute of Alberta. (5) Subsections (1) and (2) do not apply to a record on the degree of success achieved in a law enforcement program including statistical analyses unless disclosure of such a record may prejudice, interfere with or adversely affect any of the matters referred to in those subsections. Relations with other govemments 15 A head may refuse to disclose a record where the disclosure could reasonably be expected to. (

a) prejudice the conduct of intergovernmental relations by the Govemment of Alberta or an instimtion; (

b) reveal information received in confidence from another govemment or its agencies by an instimtion; or (

c) reveal information received in confidence from an intemational organization of states or a body diereof by an institution, and shall not disclose any such record without the prior approval of the Executive CouncU. 11

16 A head may refuse to disclose a record where die disclosure could reasonably be expected to prejudice the defence of Canada or of any foreign state allied or associated with Canada or be injurious to the detection, prevention or suppression of espionage, sabotage or terrorism and shaU not disclose any such record widiout die prior approval of the Executive CouncU. Third party information 17(1) A head shall refuse to disclose a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence imphcidy or explicidy, where the disclosure could reasonably be expected to Consent to disclosure (

a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (

b) result in simUar information no longer being suppUed to the institution where it is in the public interest that similar information continue to be so supplied; or (

c) result in undue loss or gain to any person, group, committee or financial institution or agency.

(2) A head may disclose a record described in subsection (1) if die person to whom the information relates consents to the disclosure. oZ^ilTre^stof 18( 1) A head may refuse to disclose a record diat contains. Alberta (

a) u-ade secrets or financial, commercial, scientific or technical information diat belongs to the Govemment of Alberta or an institution and has monetary value or potential monetary value; (

b) information obtamed through research by an employee of an institution where die disclosure could reasonably be expected to deprive die employee of priority of publication; (

c) information where die disclosure could reasonably be expected to prejudice the economic interests of an instimtion or die competitive position of an institution; (

d) information where die disclosure could reasonably be expected to be injurious to die financial interests of the Govemment of Alberta or the ability of die Govemment of 12

Exception Solicitor-client privilege Danger to safety or health Alberta to manage the economy of Alberta; (

e) positions, plans procedures, criteria or instmctions to be applied to any negotiations carried on or to be carried on by or on behalf of an institution or the Govemment of Alberta; (

f) plans relating to the management of personnel or the administration of an instimtion that have not yet been put into operation or made public; (

g) information including the proposed plans, policies or projects of an institution where the disclosure could reasonably be expected to result in premature disclosure of a pending poUcy decision or undue financial benefit or loss to a person.

(2) A head shaU not refuse under subsection (1) to disclose a record that contains the results of product or envkonmental testing carried out by or for an institution, unless, (

a) the testmg was done as a service to a person, a group of persons or an organization other than an institution and for a fee; or (

b) die testing was conducted as preliminary or experimental tests for the purpose of developing methods of testmg. 19 A head may refuse to disclose a record diat is subject to solicitor-client privilege or that was prepared by or for Crown counsel for use in giving legal advice or in contemplation of or for use in litigation. 20 A head may refuse to disclose a record where die disclosure could reasonably be expected to seriously du-eaten die safety or health of an individual. Personal privacy 21(1) A hcad shaU rcfusc to disclose personal information to any person other dian die individual to whom die information relates except, (

a) upon the prior written request or consent of die individual, if die record is one to which the individual is entitled to have access; (

b) in compelUng chcumstances affecting die healdi or safety 13

of an individual, if upon disclosure notification diereof is maUed to the last known address of the individual to whom the information relates; (

c) personal information coUected and maintained specifically for the purpose of creating a record avaUable to the general public; (

d) under

an Act of Alberta or Canada that expressly authorizes the disclosure; (

e) for a research purpose if, (

i) the disclosure is consistent with the conditions or reasonable expectations of disclosure under which the personal information was provided, collected or obtained, (

U) the research purpose for which the disclosure is to be made cannot be reasonably accomplished unless die information is provided in individuaUy identifiable form, and (Ui) terms and conditions relating to, (

A) security and confidentiaUty, (

B) die removal or destmction of die individual identifier or identifiers associated widi the record at the earUest time at which removal or destruction can be accompUshed consistent widi die purpose of the research or statistical project, and (

C) the prohibition of any subsequent use or disclosure of die record in individuaUy identifiable form widiout die express audiorization of die instimtion, have been approved by the responsible minister and die person obtaining die record has filed widi the responsible minister a written statement indicating diat die person understands and wUl abide by the terms and conditions; or (0 if die disclosure does not constimte an unjustified invasion of personal privacy. 14

^St'of (^) ^ ^^^^' ^" determming whether a disclosure of personal privacy informatiou constimtes an unjustified invasion of personal privacy, shaU consider all the relevant circumstances, including whether, (

a) die disclosure is desirable for the purpose of subjecting the activities of die Govemment of Alberta and its agencies to public scmtiny; (

b) access to the personal information may promote public health and safety; (

c) access to die personal information will promote informed choice in the purchase of goods and services; (

d) the personal information is relevant to a fair determination of rights affecting die person who made the request; (

e) die individual to whom the information relates will be exposed unfairly to pecuniary or other harm; (0 the personal information is highly sensitive; (

g) the personal information is unlikely to be accurate or reliable; (

h) die personal information has been supplied by the individual to whom the information relates in confidence; and (

i) the disclosure may unfairly damage die reputation of any person referred to in the record. inmimof 0) A. disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy where die personal information, (

a) relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation; (

b) was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent Uiat disclosure is necessary to prosecute the violation or to continue die investigation; privacy

(

c) relates to eUgibiUty for social service or welfare benefits or to die determmation of benefit levels; (

d) relates to employment or education history; (

e) was obtained on a tax retum or gathered for die purpose of collecting a tax; (

f) describes an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness; (

g) consists of personal recommendations or evaluations, character references or personnel evaluations; or (

h) indicates the individual's racial or ethnic origin, sexual orientation or religious or poUtical beliefs or associations.

(4) Notwithstanding subsection (3), a disclosure does not constitute an unjustified invasion of personal privacy if it, (

a) discloses the classification, salary range and benefits, or employment responsibUities of an individual who is or was an officer or employee of an instimtion or a member of the staff of a minister, (

b) discloses financial or odier detaUs of a contract for personal services between an individual and an instimtion; or (

c) discloses details of a Ucence or permit or a similar discretionary financial benefit conferred on an individual by an instimtion or a head under circumstances where, (

i) die individual represents 1% or more of aU persons or organizations in Alberta receiving a simUar benefit, and (

U) die value of the benefit to die mdividual represents 1% or more of the total value of similar benefits provided to odier persons and organizations in Alberta. \£

Refusal to confirm or deny existence of record Information soon to be published Exemptions not to apply

(5) A head may refuse to confirm or deny the existence of a record if disclosure of die record would constitute an unjustified invasion of personal privacy. 22 A head may refuse to disclose a record where, (

a) die record or die information contained in the record has been published or is currentiy available to the public; or (

b) the head believes on reasonable grounds diat the record or die information contained in the record wUl be published by an instimtion within 90 days after the request is made or within such further period of time as may be necessary for printing or translatmg the material for die purpose of printing it. 23 An exemption from disclosure of a record under sections 13, 15, 17, 18, 20 and 21 does not apply where a compeUing public interest in the disclosure of the record clearly outweighs the purpose of the exemption.

Request Sufficiency of detail Request for continuing access to record ACCESS PROCEDURE 24(1) A person seeking access to a record shall make a request therefor in writing to the institution that the person believes has custody or control of die record and shall provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record.

(2) If the request does not sufficientiy describe the record sought, the instimtion shall inform the applicant of the defect and shaU offer assistance in reformulating the request so as to comply widi subsection (1).

(3) The applicant may indicate in the request that it shall, if granted, continue to have effect for a specified period of up to 2 years.

(4) When a request that is to continue to have effect is granted, the institution shall provide the applicant widi, (

a) a

schedule showing dates in die specified period on which die request shall be deemed to have been received again, and explaining why those dates were chosen; and IT

(

b) a statement that die applicant may ask the Commissioner to review the schedule. Act applies as if new requests were being made

(5) The Act applies as if a new request were being made on each of the dates shown in the schedule. Request to be forwarded 25(1) Where an institution receives a request for access to a record that die institution does not have in its custody or under its control, the head shall make aU necessary inquiries to determine whether another institution has custody or control of the record, and where the head determines that anodier institution has custody or control of die record, the head shaU within 15 days after the request is received. (

a) forward the request to the other institution; and Transfer of request Greater interest (

b) give written notice to the person who made the request that it has been forwarded to the other institution.

(2) Where an institution receives a request for access to a record and the head considers that another institution has a greater interest in the record, the head may d-ansfer the request and, if necessary, the record to die other institution, withm fifteen days after the request shall give written notice of the transfer to die person who made the request.

(3) For die purpose of subsection (2), another institution has a greater interest in a record than the institution diat receives the request for access if, (

a) die record was originaUy produced in or for the other institution; or (

b) in die case of a record not orginally produced in or for an instimtion, the odier instimtion was die ffrst institution to receive die record or a copy thereof. When transferred rA\ WTU • /» request dcenKd ^"^J Whcre 3. rcqucst is forwarded or ft-ansferred under subsection ->*= (1) or (2), die request shaU be deemed to have been made to the institution to which it is forwarded or ttansferred on the day the institution to which die request was originaUy made received it.

Notice by head 26 WUcrc & pcrsou requests access to a record, the head of die instimtion to which the request is made or if a request is forwarded or ttansferred under

section 25, the head of die institution to which it is forwarded or transferred, shall, subject to sections 27 and 28, widiin thuty days after die request is received, (

a) give written notice to die person who made the request as to whether or not access to the record or a part thereof wiU be given; and (

b) if access is to be given, give the person who made the request access to the record or part thereof, and where necessary for the purpose cause the record to be produced. Extension of time 27(1) A head may extend the time Umit set out in

section 26 for a period of time that is reasonable in the circumstances, where, Notice of extension Notice to affected person (

a) the request is for a laige number of records or necessitates a search through a large number of records and meeting the time limit would unreasonably interfere with the operations of the institution; or (

b) consultations that cannot reasonably be completed within the time lunit are necessary to comply with die request

(2) Where a head extends the time Umit under subsection (1), the head shall give the person who made the request written notice of the extension setting out, (

a) die length of the extension; (

b) the reason for the extension; and (

c) that the person who made die request may ask the Commissioner to review die extension. 28(1) Before a head grants a request for access to a record, (

a) tiiat the head has reason to believe might contain information referred to in

section 17(1) tiiat affects die interest of a person odier dian the person requesting information; or 19

(

b) that is personal information that die head has reason to believe might constitute an unjustified invasion of personal privacy for die purposes of

section 21(l)(f), the head shaU give written notice m accordance widi section (2) to the person to whom the information relates. Contents of notice

(2) The notice shaU contain, (

a) a statement diat the head intends to release a record or part diereof that may affect the interests of die person; Time for notice (

b) a description of the contents of the record or part thereof that relate to the person; and (

c) a statement that the person may, within twenty days after the notice is given, make representations to the head as to why the record or part thereof should not be disclosed.

(3) The notice referred to in subsection (1) shall be given widiin 30 days after die request for access is received or, where diere has been an extension of a time Umit under

section 27(1), widiin diat extended time limit. Notice of d^lay Representation re disclosure

(4) Where a head gives notice to a person under subsection (1), die head shaU also give die person who made the request written notice of delay, setting out, (

a) diat the record or part diereof may affect die interests of another party; (

b) that the odier party is being given an oppormnity to make representations conceming disclosure; and (

c) that the head wUl widiin 30 days decide whether or not to disclose the record.

(5) Where a notice is given under subsection (1), the person to whom the information relates may, widiin 20 days after die notice is given, make representations to die head as to why die record or die part diereof should not be disclosed. 20

Representation in writing Decision re disclosure

(6) Representations under subsection (5) shaU be made in writing unless the head permits them to be made oraUy.

(7) The head shall, within 30 days after the notice under subsection (1) is given, but not before the earlier of, (

a) die day the response to the notice from the person to whom the information relates is received; or (

b) twenty-one days after the notice is given, decide whether or not to disclose the record or the part thereof and give written notice of the decision to die person to whom die information relates and the person who made die request. UlTonL^"*'

(8) Where a head decides to disclose a record or part diereof under disclose subsection (7), the head shall state in the notice that, (

a) die person to whom the information relates may appeal the decision to die Commissioner within 30 days after the notice is given; and Access to be given unless affected person (

b) the person who made the request wUl be given access to the record or to a part thereof, unless an appeal of the decision is commenced within 30 days after the notice is given.

(9) Where, under subsection (7), the head decides to disclose the record or a part diereof, the head shall give the person who made the request access to the record or part thereof widiin 30 days after notice is given under subsection (7), unless the person to whom the information relates asks the Commissioner to review the decision. Contents of notice of refusal 29(1) Notice of refusal to give access to a record or a part thereof under

section 26 shall set out. (

a) where there is not such record, that diere is no such record; or (

b) where there is such a record, (

i) the specific provision of this Act under which access is refused, (ii) die reason die provision applies to the record. 21

(ui) the name and position of die person responsible for making the decision, and (iv) that the person who made die request may appeal to the Commissioner for a review of the decision.

(2) Where a head refuses to confirm or deny the existence of a record as provided in

section 14(3) or

section 21(5), the head shall state in the notice given under

section 26, (

a) that the head refuses to confirm or deny the existence of the record; (

b) the provision of this Act on which the refusal is based; (

c) the name and office of the person responsible for making the decision; and (

d) that the person whom made the request may appeal to die Commissioner for a review of the decision.

(3) Where a head refuses to disclose a record or part thereof under

section 28(7), die head shall state in the notice given under

section 28(7), (

a) die specific provision of diis Act under which access is refused; (

b) the reason the provision named in clause (

a) applies to the record; (

c) die name and office of the person responsible for making the decision to refuse access; and (

d) that die person who made the request may appeal to the Commissioner for a review of the decision. 22

Deemed refusal (-4^ ^ jjg^^ ^JJQ f^|g JQ gjyg jj^g noticc rcquircti under

section 26 or

section 28(7) conceming a record shaU be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given. Copy of record 30(1) Subjcct to subscctiou (2), a person who is given access to a record or a part thereof under this Act shall be given a copy thereof unless it would not be reasonably practicable to reproduce the record or part thereof by reason of its length or nature, in which case the person shall be given an opportunity to examine the record or part thereof in accordance with the regulations. Access to original record Copy of part

(2) Where a person requests the opportunity to examine a record or a part thereof and it is reasonably practicable to give the person that opportunity, the head shall allow the person to examine the record or part diereof in accordance with the regulations.

(3) Where a person examines a record or a part diereof and wishes to have portions of it copied, the person shall be given a copy of those portions unless it would not be reasonably practicable to reproduce them by reason of dieir length or nature. Publication of information re institutions Operations of institutions INFORMATION TO BE PUBLISHED OR AVAILABLE 31 The responsible minister shall cause to be pubUshed annuaUy a compilation listing all institutions and, in respect of each institution, setting out, (

a) where a request for a record should be made; (

b) die name and office of the head of the institution; (

c) where the material referred to in sections 32, 33, 34 and 45 has been made available; and (

d) whether die institution has a library or reading room which is avaUable for public use, and if so, its address. 32 The responsible minister shall cause to be published annually an indexed compilation containing, (

a) a description of die organization and responsibiUties of each institution including details of the programs and functions 23

histitution documents of each division or branch of each institution; (

b) a list of the general classes or types of records prepared by or in the custody or control of each institution; (

c) die titie, business telephone number and business address of die head of each institution; and (

d) any amendment of information referred to in clause (a), (b), or (

c) that has been made avaUable in accordance with this section. 33(1) A head shall make available, in the manner described in

section 35, (

a) manuals, dhectives or guidelines prepared by the institution, issued to its officers and containing

interpretations of the provisions of any enactment or scheme administered by the institution where the

interpretations are to be applied by, or are to be guidelines for, any officer who determines, (

i) an application by a person for a right, privilege or benefit which is conferred by the enactment or scheme, (ii) whether to suspend, revoke or impose new conditions on a right, privUege or benefit already granted to a person under the enactment or scheme, or (iii) whether to impose an obligation or liabUity on a person under the enactment or scheme; or (

b) insttuctions to, and guidelines for, officers of the institution on die procedures to be foUowed, die mediods to be employed or the objectives to be pursued in their administtation or enforcement of die provisions of any enacttnent or scheme administered by the institution diat affects the public.

(2) A head may delete from a document made available under subsection (1) any record or part of a record which the head would be entided to refuse to disclose where the head includes in die document, (

a) a statement of die fact diat a deletion has been made; 24

Annual report of hcad Contents of report (

b) a brief statement of the nature of die record which has been deleted; and (

c) a reference to the provision of diis Act on which the head relies. 34(1) A head shaU make an annual report, in accordance with subsection (2), to the Commissioner.

(2) A report made under subsection (1) shall specify, (

a) die number of requests under diis Act for access to records made to the institution; (

b) the number of refusals by the head to disclose a record, the provisions of this Act under which disclosure was refused and the number of occasions on which each provision was invoked; (

c) for each provision of this Act in respect of which an appeal of a decision of a head has been commenced, the number of appeals commenced; (

d) die number of uses or purposes for which personal information is disclosed where die use or purpose is not included m the statements of uses and purposes set forth under

section 45(

d) and (e); (

e) the amount of fees collected by the institution under

section 57;and Documents made available Idem (

f) any odier information indicating an effort by the instimtion to put into practice the purposes of diis Act. 35(1) The responsible minister shall cause the materials described in sections 31, 32, and 45 to be made generally available for inspection and copying by die pubUc and shaU cause them to be made available to the public in the reading room, Ubrary or office designated by each institution for this purpose.

(2) Every head shall cause die materials described in sections 33 and 34 to be made available to die public in the readmg room, library or office designated by each institution for this purpose. 25

Information from 3^ Evcry hcati shall provldc to the responsible minister at the responsible minister's request, the information needed by the responsible minister to prepare the materials described in sections 31, 32, and 45.

PART 3 PROTECTION OF INDIVIDUAL PRIVACY COLLECTION AND RETENTION OF PERSONAL INFORMATION Application of

Part 37 This does not apply to personal information that is maintained for the purpose of creating a record that is available to the general public. 38(1) In this

section and in

section 39, "personal information" includes information that is not recorded and that is otiierwise defined as "personal information" under this AcL Collection of personal information Marmer of collection

(2) No person shaU collect personal information on behalf of an institution unless the coUection is expressly authorized by statute, used for the purposes of law enforcement or necessary to the proper administration of a lawfully authorized activity. 39(1) personal information shall only be collected by an institution directly from the individual to whom the information relates unless. (

a) die individual audiorizes another manner of collection; (

b) the personal information may be disclosed to tiie institution concemed under

section 42; (

c) the Commissioner has authorized the manner of collection under

section 59(c); (

d) die information is coUected for die purpose of determining suitability for an honour or award to recognize outstanding achievement or distinguished service; (

e) die information is collected for the purpose of tiie conduct of a proceeding or a possible proceeding before a court or judicial or quasi-judicial ttibunal; 26

Notice to ndividual (

f) die information is collected for the purpose of law enforcement; or (

g) anodier manner of collection is audiorized by or under a statute.

(2) Where personal information is collected on behalf of an institution, the head shall, unless notice is waived by die responsible minister, inform the individual to whom die information relates of, (

a) die legal audiority for the collection; (

b) die principal purpose or purposes for which the personal information is intended to be used; and (

c) the titie, business address and business telephone number of a public official who can answer the individual's questions about the collection. Exception ^^-j Subgectiou (2) does not apply where die head may refuse to disclose the personal information under

section 14(1) or (2). Retention of personal 40(1) Personal information that has been used by an institution information shall bc Tetaiueti after use by the institution for die period prescribed by regulation in order to ensure diat the individual to whom it relates has a reasonable opportunity to obtain access to the personal information. Standard of accuracy

(2) The head of an institution shall take reasonable steps to ensure that personal information on the records of the institution is not used unless it is accurate and up to date. Exception p-^ Subsection (2) does not apply to personal information collected for law enforcement purposes, (

a) where the recipient works for an institution involved in law enforcement; or (

b) where the head of die institution informs the recipient of the information that it may not be reliable.

Disposal of personal information

(4) A head shall dispose of personal information under die control of die institution in accordance widi die regulations and in accordance widi any directives or guideUnes issued by the responsible minister. USE AND DISCLOSURE OF PERSONAL INFORMATION Use of personal information 41 An institution shall not use personal information in its custody or under its control except. Where disclosure pcrmiltcd (

a) where the person to whom the information relates has identified that information in particular and consented to its use; (

b) for the purpose for which it was obtained or compiled or for a consistent purpose; or (

c) for a purpose for which the information may be disclosed to the institution under

section 42. 42 An institution shall not disclose personal information in its custody or under its control except, (

a) in accordance with

Part II; (

b) where the person to whom the information relates has identified that information in particular and consented to its disclosure; (

c) for die purpose for which it was obtained or compiled or for a consistent purpose; (

d) where disclosure is made to an officer or employee of the instimtion who needs the record in die performance of his or her duties and where disclosure is necessary and proper in the discharge of the institution's functions; (

e) for the purpose of complying with

an Act of the Legislature or

an Act of Parliament or a treaty, agreement or arrangement thereunder; (

f) where disclosure is by a law enforcement institution. 2S.

(

i) to a law enforcement agency in a foreign country under an arrangement, a written agreement or treaty or legislative authority, or (ii) to anodier law enforcement agency in Canada; (

g) where disclosure is to an institution or a law enforcement agency in Canada to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (

h) in compelling circumstances affecting the health or safety of an individual if upon disclosure notification thereof is mailed to die last known address of the individual to whom the information relates; (

i) in compassionate circumstances, to facilitate contact with the next of kin or a friend of an individual who is injured, ill or deceased; (

j) to a member of die Legislative Assembly who has been authorized by a constituent to whom the information relates to make an inquiry on the constituent's behalf or, where the constituent is incapacitated, has been authorized by die next of kin or legal representative of the constituent; (

k) to a member of die bargaining agent who has been authorized by an employee to whom the information relates to make an inquiry on the employee's behalf or, where the employee is incapacitated, has been authorized by the next-of-kin or legal representative of the employee; (1) to die Auditor General; (

m) to the Ombudsman; (

n) to the responsible minister; (

o) to die Information and Privacy Commissioner; (

p) to the Govemment of Canada in order to facilitate the auditing of shared cost programs; (

q) to the Archives of Alberta; and 29

(

r) to Statistics Canada. Consistent purpose 43 Where personal information has been collected direcdy from the individual to whom the information relates, die purpose of a use or disclosure of that information is a consistent purpose under sections 41(

b) and 42(

c) only if the individual might reasonably have expected such a use or disclosure. PERSONAL INFORMATION BANKS I'crsoi^al information banks 44 A head shall cause to be included in a personal information bank all personal information under the control of the institution that is organized or intended to be retrieved by the individual's name or by an identifying number, symbol or other particular assigned to die individual. wor°™tionbank ^^ ^^ respousiblc minister shall publish at least once each year "'^"'' an index of all personal information banks setting forth, in respect of each personal information bank, (

a) its name and location; (

b) the legal authority for its estabUshment; (

c) the types of personal information maintained in it; (

d) the principal uses of the personal information and the typical categories of users to whom disclosures from the system are made; (

e) any other uses and purposes for which personal information bank is used or disclosed on a regular basis; (

f) die categories of individuals for whom records are maintained in the system; (

g) die policies and practices applicable to die system witii respect to storage, retrievability, access conttols, retention and disposal of personal information maintained in die system; and (

h) die titie, business address and business telephone number m

of the official responsible for the operation of the personal information bank. Retention of record of use 46(1) A head shall retain a record of any use by die institution of personal information contained in a personal information bank and of any use or purpose for which the information is disclosed where the use or purpose is not included in the statements of uses and purposes set forth under

section 45(

d) and (

e) and shall attach or link the record of use to the personal information. Record of use part of personal information

(2) A record retained under subsection (1) forms part of the personal information to which it is attached or linked. Notice and publication

(3) Where the personal information in a personal information bank under the conttol of an institution is used or disclosed for a use consistent with the purpose for which the information was obtained or compUed by the institution but the use is not one of the uses included under

section 45(

d) and (e), the head shall. (

a) forthwitii notify the responsible minister of the use or disclosure; and (

b) ensure that the use is included in the index. RIGHT OF EsfDIVIDUAL TO WHOM PERSONAL INFORMATION RELATES TO ACCESS AND CORRECTION Right of access to personal information 47(1) Every individual has a right of access to, (

a) any personal information about the individual contained in a personal information bank in the custody or under the conttol of an institution; and (

b) any other personal information about the individual in the custody or under the conttol of an institution with respect to which the individual is able to provide sufficientiy specific information to render it reasonably rettievable by the instimtion. 31

Right of correclion

(2) Every individual who is given access under subsection (1) to personal information is entitled to. Request. Access procedures Manner of access (

a) request correction of the personal information where tiie individual believes there is an error or omission therein; (

b) require that a statement of disagreement be attached to the information reflecting any correction that was requested but not made; and (

c) require that any person or body to whom die personal information has been disclosed within the year before tiie time a correction is requested or a statement of disagreement is required be notified of the correction or statement of disagreement. 48(1) An individual seeking access to personal information about the individual shall make a request therefor in writing to tiie institution that the individual believes his custody or cond-ol of tiie personal information and shall identify the personal information bank or otherwise identify the location of the personal information. (2) Sections 10(2) and 24(2) and sections 25, 26, 27, 28 and 29 apply widi necessary modifications to a request made under subsection (1).

(3) Subject to the regulations, where an individual is to be given access to personal information requested under subsection (1), tiie head shall, (

a) permit die individual to examine die personal information; or Comprehensible form (

b) provide the individual with a copy thereof.

(4) Where access to personal information is to be given, die head shaU ensure diat die personal information is provided to tiie individual in a comprehensible form and in a manner which indicates the general terms and conditions under which die personal information is sorted and used. 32

Exen?>tians 49 \ hcati may refuse to disclose to the individual to whom the information relates personal information, (

a) where

section 12, 13, 14, 15, 16, 17, 18,19, 20, or 22 would apply to the disclosure of that personal information; (

b) where the disclosure would constitute an unjustified invasion of another mdividual's personal privacy; (

c) that is evaluative or opinion material compiled solely for the purpose of determining suitabUity, eligibUity or qualifications for employment or for the awarding of govemment contracts and odier benefits where the disclosure would reveal the identity of a source who fumished information to the institution in circumstances where it may reasonably have been assumed that the identity of die source would be held in confidence; (

d) that is medical information where the disclosure could reasonably be expected to prejudice the mental or physical health of the individual; (

e) that is a correctional record where die disclosure could reasonably be expected to reveal information supplied in confidence; or (

f) that is research or statistical record.

PART 4 APPEAL 50(1) A person who has made a request for, (

a) access to a record under

section 24(1); (

b) access to personal information under

section 48(1); or (

c) correction of personal information under

section 47(2). or a person who is given notice of a request under

section 28(1) may appeal any decision of a head under this Act to die Commissioner. 33 Right to appeal

Time for application

(2) An appeal under subsection (1) shall be made within 30 days after the notice was given of the decision appealed from by filing with the Commissioner written notice of appeal. Notice of application for appeal

(3) Upon receiving a notice of appeal, die Commissioner shall inform the head of the institution concemed and any otiier affected person of the notice of appeal. Application of R.S.A. 1980, c.0-7

(4) The Ombudsman Act does not apply in respect of a complaint for which an appeal is provided under this Act or to tiie Commissioner or die Commissioner's delegate acting under tiiis Act. Mediator to try to effect settlement 51 The Commissioner may authorize a mediator to investigate tiie circumstances of any appeal and to try to effect a settlement of tiie matter under appeal. Inquiry 52(1) Where a settiement is not effected under

section 51, the Commissioner shall conduct an inquiry to review die head's decision. Inquiry to be held in public; exception (2) (

a) The inquuy shall be held in pubUc, unless one of the interested parties, including the Commissioner, objects or requests that the hearing be conducted in private. (

b) Any decision to conduct an inquiry in private may be appealed by any party. Powers of Commissioner Record not retained by Commissioner Examination on site Notice of entry

(3) In an inquiry, the Commissioner may require to be produced to the Commissioner and may examine any record that is in tiie custody or under die confrol of an institution, despite Parts II and III of this Act or any other Act or privilege, and may enter and inspect any premises occupied by an institution for the purposes of tiie investigation.

(4) The Commissioner shaU not retain any information obtained from a record under subsection (4).

(5) Despite subsection (4), a head may require diat the examination of a record by the Commissioner be of die original at its site.

(6) Before entering any premises under subsection (4), tiie Commissioner shall notify the head of die institution occupying tiie premises of his or her purpose. 34

Examination under oath

(7) The Commissioner may summon and examine on oath any person who, in the Commissioner's opinion, may have information relating to the inquiry, and for diat purpose die Commissioner may administer an oath. Evidence privileged Idem under R.S.C. 1970, c. E-10

(8) Anything said or any information supplied or any document or thing produced by a person in the course of an inquiry by the Commissioner under this Act is privUeged in the same manner as if the inquiry were a proceeding in a court.

(9) Except on the trial of a person for perjury in respect of his or her swom testimony, no statement made or answer given by that or any other person in the course of an inquiry by the Commissioner is admissible in evidence in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Commissioner shall be given against any person.

(10) A person giving a statement in the course of an inquiry before die Commissioner shall be informed by the Commissioner of his or her right to object to answer any question under

section 5 of the Canada Evidence Act. Representations

(11) No person is liable to prosecution for an offence against any Act, other dian this Act, by reason of his or her compliance with a requirement of the Commissioner under this section,

(12) The person who requested access to the record, the head of the institution concemed and any affected party shaU be given an opportunity to make representations to the Commissioner, but no person is entitled to be present during, to have access to or to comment on representations made to the Commissioner by any odier person.

(13) The person who requested access to the record, the head of the institution concemed and any affected party may be represented by counsel or an agent. Burden of proof ^3 ^^^^0 Si hcati rcfuscs acccss to a record or a part of a record, the burden of proof that die record or die part falls within one of the specified exemptions in this Act lies upon the head. Right to Counsel Order 54(1) After aU of die evidence for an inquiry has been received, the Commissioner shall make an order disposing of the issues raised by the appeal. 35

Terms and conditions

(2) Where die Commissioner upholds a decision of a head tiiat tiie head may refuse to disclose a record or a part of a record, tiie Commissioner shall not order the head to disclose the record or part.

(3) The Commissioner's order may contain any terms and conditions the Commissioner considers appropriate. Notice of order

(4) The Commmissioner shall give the appellant and the persons who received notice of the appeal under

section 50(3) written notice of the order. Confidentiality 55(1) The Commissioner or any person acting on behalf of or under the dkection of die Commissioner shall not disclose any information that comes to their knowledge in the performance of thek powers, duties and functions under this Act. Not compellable witness Proceedings privileged Delegation by Commissioner Exception re records under s. 12orl4

(2) The Commissioner or any person acting on behalf or under tiie dkection of the Commissioner is not compellable to give evidence in a court or in a proceeding of a judicial nature conceming anything coming to their knowledge in the exercise or performance of a power, duty or function under this Act.

(3) No proceeding lies against die Commissioner or against any person acting on behalf or under the direction of the Commissioner for anything done, reported, or said in good faith in the course of the exercise or performance or purported exercise or performance of a power, duty or function under this Act. 56(1) The Commissioner may in writing delegate a power or duty granted to or vested in the Commissioner to an officer or officers employed by the Commissioner, except the power to delegate under this section, subject to such limitations, restrictions, conditions and requirements as the Commissioner may set out in the delegation.

(2) The Commissioner shaU not delegate to a person other than tiie Assistant Information Commissioner or the Assistant Privacy Commissioner his or her power to requke a record referred to in

section 12 or 14 to be produced or examined. M

Estimate of costs Waiver of payment

PART 5 GENERAL 57(1) Where no provision is made for a charge or fee under any other Act, a head may require the person who makes a request for access to a record or for correction of a record to pay, (

a) a search charge for every hour of manual search required in excess of 2 hours to locate a record; (

b) the costs of preparing the record for disclosure; (

c) computer and other costs incurred in locating, retrieving, processing and copying a record; and (

d) shipping costs.

(2) The head of an institution shall, before giving access to a record, give the person requesting access a reasonable estimate of any amount that wiU be required to be paid under this Act that is over $25.

(3) A head may waive the payment of all or any part of an amount required to be paid under this Act where, in the head's opinion, it is fak and equitable to do so after considering, (

a) die extent to which die actual cost of processing, collecting, and copying the record varies from the amount of the payment requked by subsection (1); (

b) whether the payment will cause a financial hardship for the person requesting the record; (

c) whether dissemination of die record will benefit public health or safety; (

d) whether the record contains personal information relating to the person who requested it; and (

e) any other matter prescribed in the regulations. 37

Disposition of payments Armual report of Commissioner Contents of report Powers and duties of Commissioner

(4) A person who is requked to pay a fee under subsection (1) may ask the Commissioner to review the head's decision to charge a fee or die amount of the fee.

(5) The costs provided in diis

section shall be paid and distributed in the manner prescribed in the regulations. 58(1) The Commissioner shaU make an annual report, in accordance with subsection (2), to the Speaker of die Legislative Assembly who shall cause the report to be laid before the Assembly if it is then sitting or, if not, within 15 days of the commencement of the next sitting;

(2) A report made under subsection (1) shaU provide a comprehensive review of the effectiveness of this Act in providing access to information and protection of personal privacy including, (

a) a

summary of the nature and ultimate resolutions of appeals carried out under

section 50(1); (

b) an assessment of the extent to which institutions are complying with this Act; and (

c) the Commissioner's recommendations widi respect to tiie practices of particular institutions and widi respect to proposed revisions to this Act and regulations. 59 The Commissioner may, (

a) offer comment on die privacy protection implications of proposed legislative schemes or govemment programs; (

b) after hearing the head, order an institution to, (

i) cease a collection practice, and (

U) destroy collections of personal information, that contravene diis Act; (

c) in appropriate circumstances, authorize the collection of personal information otherwise dian direcdy from the individual; 38

Regulations (

d) engage in or commission research into matters affecting the carrying out of die purposes of diis Act; (

e) conduct public education programs and provide information conceming this Act and the Commissioner's role and activities; and (0 receive representations from the public conceming the operation of diis Act. 60 The Lieutenant Govemor in Council may make regulations, (

a) respecting the procedures for access to original records under

section 30; (

b) respecting the procedures for access to personal information under subsection 48(3); (

c) prescribing the circumstances under which records capable of being produced from machine readable records are not included in the definition of "record" for the purposes of this Act; (

d) setting standards for and requiring administrative, technical and physical safeguards to ensure the security and confidentiality of records and personal information under the control of institutions; (

e) setting standards for die accuracy and completeness of personal information that is under die control of an institution; (0 prescribing time periods for the purposes of subsection 40(1); (

g) prescribing the payment and allocation of fees received under

section 57; (

h) prescribing matters to be considered in determining whether to waive aU or part of the costs required under

section 57; (

i) designating any agency, board, commission, corporation or other body as an institution and designating a head for each such institution; 39

(

j) prescribing forms and providing for dieir use; (

k) respecting any matter the Lieutenant Govemor in Council considers necessary to carry out effectively the purposes of tiiis Act. 61(1) No person shall, (

a) wilfully disclose personal information in conti-avention of this Act; (

b) wilfully maintain a personal information bank tiiat contravenes this Act; (

c) make a request under this Act for access to or correction of personal information under false pretenses; (

d) wilfully obstinct die Commissioner in die performance of his or her functions under this Act; Penally Consent of Attorney General Delegation of head's powers Protection from civil proceeding (

e) wilfully make a false statement to, mislead or attempt to mislead the Commissioner in the performance of his or her functions under this Act; or (0 wilfully fail to comply with an order of tiie Commissioner.

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is Uable to a fine not exceeding $5000.

(3) A prosecution shall not be commenced under subsection (l)(d), (

e) or (£) without the consent of the Attomey General. 62(1) A head may in writing delegate a power or duty granted or vested in the head to an officer or officers of the institution subject to such Umitations, restrictions, conditions and requkements as tiie head may set out in the delegation. 2) No action or other proceeding lies against a head, or against a person acting on behalf or under the dkection of die head, for damages resulting from the disclosure or non-disclosure in good faith of a record or any part of a record under diis Act, or from tiie failure to give a notice required under diis Act if reasonable care is taken to give the reasonable notice. 40

Vicarious liability of Crown preserved (3) Subsection (2) does not by reason of the Proceedings Against the Crown Act relieve the Crown of liability in respect of tort committed by a person mentioned in subsection (2) to which it would odierwise be subject, and the Crown is liable under that Act for any such tort in a lUce manner as if subsection (2) had not been enacted.

Vicarious liability of certain institutions preserved (4) Subsection (2) does not relieve an institution of liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject and the institution is liable for any such tort in a like manner as if subsection (2) had not been enacted. Oral requests 63(1) Where a head may give access to information under this Act, notiiing in this Act prevents the head from giving access to that information in response to an oral request or in the absence of a request.

Preexisting ^\ j^^ ^^j gj^^jj J^QJ. |^ appUcti to prccludc access to information access preserved ^ ' rr tr that is not personal information and to which access by the public was avaUable by custom or practice immediately before this Act comes into force. Crown privilege 64(1) This Act does not impose any limitation on the information otherwise avaUable by law to a party to litigation. Powers of courts and tribunals Application of Act

(2) This Act does not affect the power of a court or a tribunal to compel a witness to testify or compel the production of a document. 65(1) This Act does not apply to records placed in the Archives of Alberta by or on behalf of a person or organization other than an institution. Idem

(2) This Act does not apply to a record in respect of a patient in a facUity as defined by the Mental Health Act, where die record. (

a) is a clinical record; or (

b) contains information ki respect of die history, assessment, diagnosis, observation, examination, care or treatment of the patient. 41

Idem

(3) This Act does not apply to notes prepared by or for a person presiding in a proceeding in a court of Alberta if diose notes are prepared for that person's personal use in connection witii the proceeding. Exercise of rights ^^ ^Ry Hght or powcr confcrrcd on an individual by tiiis Act may of deceased, etc., j o i ^ j persons be excrciscd, (

a) where the individual is deceased, by the individual's personal representative if exercise of the right or power relates to the administration of the individual's estate; (

b) where a committee has been appointed for the individual or where die Public Trustee has become the individual's committee, by the committee; and (

c) where the individual is less than 16 years of age, by a person who has lawful custody of die individual. Review of oilier Acts 67(1) A standing committee appointed by the Legislative Assembly for the purpose of this Act shaU undertake a comprehensive review of all confidentiality provisions contained in Acts in existence on the day this Act comes into force and shall made recommendations to die Legislative Assembly regarding, (

a) the repeal of unnecessary or inconsistent provisions; and (

b) the amendment of provisions that are mconsistent witii this Act.

(2) This Act prevails over a confidentiality provision in any other Act unless the odier Act specifically provides odierwise. (3) Subsection (2) shall not have effect until 2 years after tiiis

section comes into force. Review of this Act

(4) The standing commktee shall, widiin 3 years after commencement of diis Act, undertake a comprehensive review of this Act and shall, within one year after beginning diat review, make recommendations to the Legislative Assembly regarding amendments to tiiis Act. 42

R.S.A. 198 c.P-31 68 The Public Service Act is amended in

section 20 by adding "or as requked by law" after "authorization" in subsections (1) arui (2). Application ^9 jj^jg ^ct appHcs to auy record in die custody or under the control of an institution regardless of whether it was recorded before or after this Act comes into force. Crown bound 70 This Act binds die Crown. Commencement yj -pj^j^ ^^^^ comcs luto forcc ou Proclamatiou or on January 1, 1991, whichever comes first. 43 Title: 1990 (22nd 2nd) Bill 205, Freedom of Information and Protection of Personal Privacy Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2737
Type	bill
Volume / chapter	L22 S2 2737
Language	en
Format	json
Source	PROVINCIAL
Identifier	111c2f15f35bfab30b64aade10d1ec2565a3623f

Source file is stored in the law ingest library (json).