Bill 225 (Legislature 18, Session 4)

L18 S4 4410

Alberta — Bills

1978 BILL 225 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 225

AN ACT ESTABLISHING THE RIGHT TO PUBLIC INFORMATION AND THE PROTECTION OF IND'IVIDUAL PRIVACY MR. NOTLEY First Reading ________________ ~ __ -~-_~~------ _________ _ Second Reading ______________________________________ _ Committee of the Whole ! ______________________________ _ Third Reading _______________________________________ _ Royal Assent ________________________________________ _ Print.d by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 225 Mr. Notley BILL 225 1978

AN ACT ESTABLISHING THE RIGHT TO PUBLIC INFORMATION AND THE PROTECTION OF INDIVIDUAL PRIVACY (Assented to , 1978) HER MAJESTY, by :and with the advice and consent of the Legislative Assembly of AlbeJ:1ta, enacts as foHows: 1.

In this Act, (a) "agency" includes any department, bmnch, board, com mission or other agency of the Government of Alberta or any other body or authority performing a function of the Government of Albe~ta; (b) "Government" means the Government of Alberta or any agency thereof; (c) "individual" means a Canadian citizen or a person law fully admitted to Oanada for permanent residence; (d) "private business" includes any item, collection or group ing of information about an individual which contains the individual's name or any other identifying particular assigned to that individual, including but nO't limited to, information regarding an individual's education, property, financial transactions, medical history, criminal history or employment history; (e) "public business" includes any activity or operation carried on or performed in Mberta or elsewhere by the Govern ment; (f) "re'cord" indicates the Whole or 'any part of any book, document, paper, oard, tape or olther information stored or reproduced or a copy thereof and, where any record does not convey the information contained in the record by reason of its having been kept in a fonn that requires explanation or processing, includes a transcript df the explanation or processing of the record, which is owned by or in the possession of or maintained by or for the Government;

Explana,tory Notes 1.

Definitions.

(g) "resident of Alberta" means an individual whQ eirtter (

i) maintains his principal residence with the Province, 'Or (ii) has been present in the Province 'On 183 'Out of the previous 365 days. 2. (1) (

a) Any resident of Alberta may apply to the Gov ernment for a record made in the CQurse of public business, and (

b) any individual may apply to the Government for a recQrd of his private business, and the GQvernment shaH, within a reas'Onable time thereafter, provide a copy of the record to the individual wh'O S'O applies, or makes the recQrd available to him f'Or inspection.

(2) Notwithstanding subsection (1), the GQvernment shall nQt disclQse an individual's recQrd of private business to any person withQut the priQr written consent of the individual to whom the recQrd 'Of private business pertain'S, whether or n'Ot such record forms part of a record 'Of public business.

(3) Where a record of private business contains infQrmation cQncerning the individual applying therefor joinltly with another individual or individuals and it is not feasible tQ separate frQm the rec'Ord the informati'On relating tQ the 'Other individual or indivi duals, the whQle of the record shall be supplied tQ the individual applying therefQr without the other individual 'Or individual's con sent but a CDPY therof shall be sent to the other individual Dr indi viduals. ( 4) An individual receiving a record pursuant to subsecti'On (3) shall not reveal the recQrd in whole or in part to 'any person except for the purpDses 'Of this Act or otherwise to protect or pro mDte that individual's interests and Qniy to persons having 'a need tD receive it fDr the proteotion or prDmDtiQn of that individual's interests.

(5) A persDn receiving a record of private business from the individual ro whom it relates shall nDt, withDut the consent 'Of the individual Dr individuals tD Whom it relates, reveal it to any other person.

(6) Any individual may by signing a consent in a form pre scribed by the Lieutenant GovernQr in Council, auth'Orize any per SQn t'O apply for and receive a rec'Ord of that individual's private business. 3.

(1) Section 2 (1) (

a) shall not apply tQ any record 'Or part there 'Of (

a) made in the CQurse of obtaining or giving legal advice regarding a legal proceeding before the CQUrts undl the proceeding is cQncluded; (

b) which contains informati'On, the release of which CQuld reas'Onably be expected to be detrimental to Canada's dealings with another state; 2

2. Right to obtain record. 3. Exclusions. 2

(

c) Where the inform'ation on rec'Ord is elsewhere provided or available; (

d) which, if released, would result in direct personal finan cial gain or loss by any person 'Other than the person to whom the record relates; (

e) which discloses infonnation concerning the financial affairs of a person who is not a member of the Legislative Assembly or the pubHc service; (

f) where the information or record reflects on the private afrairs of any person or organization and, upon a balance between private and public interest, i,t is not in the public interest to provide or make the record available.

(2) Notwithstanding

section 2, subsection (2) the Government may disclose an individual's record of private business to the ex tent expressly permitted by a st'atutory authority under which the record was collected.

(3) Where an agency of Government requests or demands in formation frO'm an individual the request or demand shall indicate (

a) whether or not the request or demand for the information is legally enforceable and what penalty may be applied for non-oompliance, (

b) whether and on what conditions the agency will have the right to reveal the information to any other agency or person, and (

c) the principal purpose for which the information will be used, and any information supplied pursuant to such request or demand may only be revealed to another agency or person on the fulfill ment of the conditions indicated pursuant to clause (b).

(4) NO'twithstanding

section 2 (2) an individual's record or private business may be used (

a) for census or other statistical purposes provided the record of private business is revealed in a fOflll that is not iden tifiable as being the record of any particular individual; (

b) for the use of public archives; or (

c) by anO'ther agency for a civil or criminal proceeding against or on behalf of the person to whO'm the record re lates.

(5) The date, purpO'se, extent and recipient of every disclosure of an individual's record of private business made under

section 3 (2) shall be recorded on the individual's record of private business. ( 6) In the event of disclosure under subsection ( 4 ) (

c) the Government shall give notice to the individual concerned O'f the disclosure of his record of private business. 3

4. (1) (

a) Any person who applies to the Government for a record of public business under the authority of seotion 2 ( 1) (

a) and is denied it in writing, or within a reason able time after application has been made, is not provided with the record or has not had the record made avlailable to him for inspection, may apply: (

i) to the Ombudsman who shall give his opinion there on to the applicant and to the Government, or (ii) irrespective of the findings of the Ombudsman, to a judge of the Supreme Court of Mberta for an order that the Government comply with the application and, if it appears to the judge that the person has a prima facie right to receive the record applied for, he shall so order. (

b) An order made under this

section shaH be served upon the Government by mailing a copy of the order to the Deputy Minister of the Executive Council at his office by registered mail. (

c) If, within 14 clear days after the order is so mailed, there is filed with the comt on behalf of the Government a reply that the record is exempt from disclosure under

section 3 (1) together with particulars in support thereof, pr0- ceedings upon the order shaH ther~by be stayed. (

d) The judge shall examine and consider the reply and the statement of particulars and shall thereafter affirm or vacate the order made under clause (

a) or amend or vary the terms thereof as he deems best in the public interest. (e) (

i) The Government may, in any case where it claims tlIat

section 3 (1) (

f) applies fi'le the statement of particulars in support of such daim with the reply but separately in a sealed envelope to be opened only by the judge. (ii) The judge shall peruse the st'atement of particulars and may order it to be rese'aled or to be communi cated to the person who applied for the order or to be otherwise dealt Wi~h as he sees fit.

(2) Any individual may apply to the Government for an amendment of his record 'Of private business, and within 30 days the Government shall (

a) make the corrections demanded, and inform the individual in question, or (

b) inform the individual concerned of its refusai to correct his record of private business, of the reason for refusal, and of the procedures established to request a review of the refusal pursuant to

section 6. 5. Any notice or infOTIIlation required to be given to any indi vidu~l under ~his Act shall be deemed suffi'Ciently given when sent by smgle registered mail to the last address of the individual on record with the Government or the agency thereof by which the notice or ini'Of1mation is to be given. 4

4. Appeal to Ombudsman or to Court where record refused. 5. Notices. 4

6. The Legislative Assembly, on the recommendation of the chairman of the Human Rights Commission, shall by resolution appoint a member of the Hum'an Rights Commission to act as Privacy Commissioner, who (

a) shall receive, investigate and report on complaints from individuals who aHege that they have not been accorded the rights to which they are entitled under this Act, (

b) may order the Government to offer financial or other compensation to, or to make changes in the record of private business of, any individual he deems to have justified complaint under subsection (a), (

c) shall render a decision on any complaint received within six months of re'ceipt thereof, (

d) shall establish reasonable and convenient procedures for individuals to submit complaints under subsection (a), (

e) may receive a s:al'ary and expenses if funds are appropri ated thereror by the Legislature. 7. Any order or decision of the Privacy Commissioner may be appealed by originating notice of motion to a judge of the Supreme Court of Albe'rta who may confirm, vary or vacate the order. 8. Upon an application made under

section 2 or

section 4 (2 ) the Government shaH appoint a member of the public service to represent the Government in all proceedings therein, and the per son so appointed shall sign any refusal of such application or any claim of exemption under

section 4 ( 1 ) (c) . 9. The Government shall maintain all records of private busi ness with such accuracy, relevance, timeliness and completeness as is reasonably necessary to assure fairness to the individual and prior to disseminating any record of private business, make reason able efforts to assure that such re'cords are accurate, complete and relevant. 10.

(1) Every person who violates or fails to comply with any provision of this Act or any order made by a judge pursuant to this Act is guilty of an offence and is liable on conviction to a fine not eX1ceooing $1000 or imprisonment for a term not exceeding 6 months or to both fine and imprisonment.

(2) Any proceeding under this

section shall be instituted within 6 months after the time when the subject maUer of the proceeding arose by the Attorney General or by any person aggrieved by the alleged violation. 11. No~hing in this Act shaH be deemed to abrogate, abridge or infringe any of the privileges, immunities and powers held, enjoyed or exercised by a member of the Legislative Assembly. 12. This Act binds the Crown. 13. This Act comes into force on the day upon which it is as sented to. S

6. Privacy Commissioner appointed by Assembly; powers. 7. Appeal from Order of Commissioner. 8. Government representative. 9. Accuracy of records. 10. Offences, penalties. II. Privileges of MLAs not affected. 12. Binds Crown. 5 Title: 1978 (18th, 4th) Bill 225,

An Act Establishing the Right to Public Information and the Protection of Individual Privacy

Document details

Collection	Alberta — Bills
Citation	L18 S4 4410
Type	bill
Volume / chapter	L18 S4 4410
Language	en
Format	json
Source	PROVINCIAL
Identifier	d562370bedb7ef5f1657e0f757dcb390706ef6c4

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