RSA 2000 Chapter F25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 22 Cabinet and Treasury Board confidences 23 Local public body confidences 24 Advice from officials 25 Disclosure h ID: 402934
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FREEDOM OF INFORMATION AND Definitions Purposes of tKis Act Scope of tKis Act Records to ZKicK tKis Act applies RelationsKip to otKer Acts Part 1 Division 1 ObtaininJ Access to Records Information riJKts +oZ to maNe a request Abandoned request ContinuinJ request 10 Duty to assist applicants 11 Time limit for respondinJ 12 Contents of response 13 +oZ access Zill be Jiven 14 E[tendinJ time lim 15 TransferrinJ a request Request under section deemed to be a request under +IA Division 2 E[ceptions to Disclosure 16 Disclosure Karmful to business interests of a tKird party 1 Disclosure Karmful to personal privacy 1 Disclosure Karmful to individual or public safety 19 Confidential evaluations 20 Disclosure Karmful to laZ enforcement 21 Disclosure Karmful to interJovernmental relations RSA 2000 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 22 Cabinet and Treasury Board confidences 23 /ocal public body confidences 24 Advice from officials 25 Disclosure Karmful to economic and otKer interests of a public body 26 TestinJ procedures, tests and audits 2 PrivileJed information 2 Disclosure Karmful to tKe conservation of KeritaJe sites, etc. 29 Information tKat is or Zill be available to tKe public Division 3 TKird Party Intervention 30 NotifyinJ tKe tKird party 31 Time limit and notice of decision Division 4 Public +ealtK and Safety 32 Information must be disclosed if in tKe public interest Part 2 Protection of Privacy Division 1 Collection of Personal Information 33 Purpose of collection of information 34 Manner of collection of information 35 Accuracy and retention 36 RiJKt to request correction 3 TransferrinJ request to correct personal information Request under section 36 deemed to be a request under +IA 3 Protection of personal information Division 2 Use and Disclosure of Personal Information by Public Bodies 39 Use of personal information 40 Disclosure of personal information 41 Consistent purposes 42 Disclosure for researcK or statistical purposes Part 3 43 Disclosure of information in arcKives RSA 2000 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Part 4 Office and PoZers of Information and Privacy Commissioner 44 Definition 45 Appointment of Commissioner 46 Term of office 4 ResiJnation, removal or suspension of Commissioner 4 ActinJ Commissioner 49 Remuneration 50 OatK 51 Office of tKe Commissioner 52 FinancinJ of operations 53 *eneral poZers of Commissioner 54 Advice and recommendations 55 PoZer to autKori]e a public body to disreJard requests 56 PoZers of Commissioner in conductinJ investiJations or inquiries 5 Statements made to tKe Commissioner not admissible in evidence 5 PrivileJed information 59 Restrictions on disclosure of information by tKe Commissioner 60 Protection of Commissioner and staff 61 DeleJation by tKe Commissioner 62 Role of Ombudsman 63 Annual report of Commissioner 64 Records manaJement Part 5 RevieZs and Complaints Division 1 RevieZs by tKe Commissioner 65 RiJKt to asN for a revieZ 66 +oZ to asN for a revieZ 6 NotifyinJ otKers of revieZ 6 Mediation may be autKori]ed 69 Inquiry by Commissioner 0 Refusal to conduct inquiry 1 Burden of proof 2 Commissioners orders 3 No appeal 4 Duty to comply ZitK orders RSA 2000 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Division 1.1 RevieZs of Decisions of tKe ReJistrar of Motor VeKicle Services Definitions 4.2 RiJKt to asN for a revieZ 4.3 +oZ to asN for a revieZ 4.4 NotifyinJ otKers of revieZ 4.5 Inquiry by Commissioner 4.6 Refusal to conduct inquiry 4. Commissioner’s orders 4. No appeal 4.9 Duty to comply ZitK orders 4.91 Application of otKer sections Division 2 Complaints About and RevieZs of tKe CommissionerDecisions as +ead of a Public Body 5 AdMudicator to investiJate complaints and revieZ decisions 6 PoZers, duties and protections of adMudicator RiJKt to asN for a revieZ RevieZ ZKere Commissioner in conflict 9 +oZ to asN for a revieZ 0 NotifyinJ otKers of revieZ 1 Conduct and outcome of tKe revieZ Division 3 Disclosure to Commissioner 2 Disclosure to Commissioner Part 6 3 Manner of JivinJ notice 4 E[ercise of riJKts by otKer persons 5 DeleJation by tKe Kead of a public body 6 Annual report of Minister Directory of public bodies Directory of personal information banNs Records available ZitKout request 9 Access to manuals 90 Protection of public body from leJal suit 91 Protection of employee 92 Offences and penalties 93 Fees RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 94 PoZer to maNe reJulations 95 PoZer to maNe bylaZs 96 Application of tKis Act 9 RevieZ of Act +ER MA-ESTY, by and ZitK tKe advice and consent of tKe /eJislative Assembly of Alberta, enacts as folloZs Definitions In tKis Act, a ³adMudicator´ means a person desiJnated under section 5 b ³applicant´ means a person ZKo maNes a request for access to a record under section 1 b.1 ³biometric information´ means information derived from aindividual’s unique measurable cKaracteristics c ³Commissioner´ means tKe Information and Privacy Commissioner appointed under Part 4 d ³educational body´ means i a university as defined in tKe Post-secondary Learning , ii a polytecKnic institution as defined in tKe Post-secondary Learning Act, iii a compreKensive community colleJe as defined in tKe Post-secondary Learning Act, iv Banff Centre as defined in tKe Post-secondary Learning v a board as defined in tKe Education Act vi a cKarter scKool as defined in tKe Education Act, or vii a FrancopKone reJional autKority as defined in tKe Education Act e ³employee´, in relation to a public body, includes a persoZKo performs a service for tKe public body as an appointee, volunteer or student or under a contract or aJency relationsKip ZitK tKe public body f ³Kead´, in relation to a public body, means RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT i if tKe public body is a department, brancK or office of tK*overnment of Alberta, tKe member of tKe E[ecutive Council ZKo presides over it, ii if tKe public body is an aJency, board, commission, or otKer body desiJnated as a public body in tKe reJulations, tKe person desiJnated by tKe member of tKe E[ecutive Council responsible for tKat body to act as tKe Kead of tKat body or, if a Kead is not so desiJnated, tKe person ZKo acts as tKe cKief officer and is cKarJed ZitK tKe administration and operation of tKat body, iii if tKe public body is a local public body, tKe person orJroup of persons desiJnated under section 95 a as tKe Kead, and iv in any otKer case, tKe cKie public body J ³KealtK care body´ means i tKe board of an approved Kospital as defined in tKe Hospitals Act otKer tKan an approved Kospital tKat is A oZned or operated by a reJional KealtK autKority under tKe Regional Health Authorities Act, or B repealed 200 c+-4.3 s15, ii tKe operator of a nursinJ Kome as defined in tKe Nursing Homes Act otKer tKan a nursinJ Kome tKat is oZned and operated by a reJional KealtK autKority under tKe Regional Health Authorities Act ii.i tKe +ealtK Quality Council of Alberta, iii a provincial KealtK board establisKed under tKe Regional Health Authorities Act iv repealed 200 c+-4.3 s15, v a reJional KealtK autKority under tKe Regional Health Authorities Act vi a community KealtK council establisKed under tKe Regional Health Authorities Act, or vii a subsidiary KealtK corporation as defined in tKe Regional Health Authorities Act RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT K ³laZ enforcement´ means i policinJ, includinJ criminal intelliJence operations, ii a police, security or administrative investiJation, includinJ tKe complaint JivinJ rise to tKe investiJation, tKat leads or could lead to a penalty or sanction, includinJ a penalty or sanction imposed by tKe body conductinJ tKe investiJation or by anotKer body to ZKicK tKe results of tKe investiJation are referred, or iii proceedinJs tKat lead or could lead to a penalty or sanction, includinJ a penalty or sanction imposed by tKe body conductinJ tKe proceedinJs or by anotKer body to ZKicK tKe results of tKe proceedinJs are referred i ³local Jovernment body´ means i a municipality as defined in tKe Municipal Government ii an improvement district under tKe Government Act iii a special area as defined in tKe Special Areas Act iv a reJional services commission under Part 15.1 of tKe Municipal Government Act iv.1 a JroZtK manaJement board under Part 1.1 of tKe Municipal Government Act v a board establisKed under tKe Drainage Districts Act vi a board establisKed under tKe Irrigation Districts Act vii a manaJement body establisKed under tKe Alberta Housing Act viii a Metis settlement establisKed under tKe Metis Settlements Act i[ tKe Metis Settlements *eneral Council establisKed under tKe Metis Settlements Act [ any A commission, B police service, or RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT C policinJ committee, as defined in tKe [i any municipal library board, library system board, federation board or intermunicipal library board continued or establisKed under tKe Libraries Act, or [ii any board, committee, commission, panel, aJency or corporation tKat is created or oZned by a body referred to in subclauses i to [i and all tKe members or officers of ZKicK are appointed or cKosen by tKat body, but does not include EPCOR Utilities Inc. or ENMA; Corporation or any of tKeir respective subsidiaries A tKat oZn a Jas utility as defined in tKe Gas Utilities B tKat oZn a JeneratinJ unit, transmission facility or electric distribution system as defined in tKe , or C ZKose primary business activity consists of providinJ s defined in tKe M ³local public body´ means i an educational body, ii a KealtK care body, or iii a local Jovernment body N ³Minister´ means tKe Minister determined under section 16 of tKe Government Organization Act as tKe Minister responsible for tKis Act l ³offence´ means an offence under an enactment of Alberta or Canada m ³officer of tKe /eJislature´ means tKe Auditor *eneral, tKOmbudsman, tKe CKief Electoral Officer, tKe EtKics Commissioner, tKe Information and Privacy Commissioner, tKe CKild and YoutK Advocate or tKe Public Interest Commissioner n ³personal information´ means recorded information about an identifiable individual, includinJ RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT i tKe individual’s name, Kome or business address or Kome or business telepKone number, ii tKe individual’s race, national or etKnic oriJin, colour reliJious or political beliefs or associations, iii tKe individual’s aJe, se[, marital status or family stat iv an identifyinJ number, symbol or otKer particular assiJned to tKe individual, v tKe individual’s finJerprints, otKer biometric information, blood type, Jenetic information or inKeritable cKaracteristics, vi information about tKe individual’s KealtK and KealtK careKistory, includinJ information about a pKysical or mental disability, vii information about tKe individual’s educational, financiaemployment or criminal Kistory, includinJ criminal records ZKere a pardon Kas been Jiven, viii anyone else’s opinions about tKe individual, and i[ tKe individual’s personal vieZs or opinions, e[cept if tKey are about someone else o ³prescribed´ means prescribed by tKe reJulations p ³public body´ means i a department, brancK or office of tKe *overnment of Alberta, ii an aJency, board, commission, corporation, office or otKer body desiJnated as a public body in tKe reJulations, iii tKe E[ecutive Council Office, iv tKe office of a member of tKe E[ecutive Council, v tKe /eJislative Assembly Office, vi tKe office of tKe Auditor *eneral, tKe Ombudsman, tKe CKief Electoral Officer, tKe EtKics Commissioner, tKe Information and Privacy Commissioner, tKe CKild and YoutK Advocate or tKe Public Interest Commissioner, or RSA 2000 Section 2 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT vii a local public body, but does not include viii tKe office of tKe SpeaNer of tKe /eJislative Assembly and tKe office of a Member of tKe /eJislative Assembly, or i[ tKe Court of Appeal of Alberta, tKe Court of Queen’s BencK of Alberta or TKe Provincial Court of Alberta q ³record´ means a record of information in any form and includes notes, imaJes, audiovisual recordinJs, [-rays, booNs, documents, maps, draZinJs, pKotoJrapKs, letters, voucKers and papers and any otKer information tKat is Zritten, pKotoJrapKed, recorded or stored in any manner, but does not include softZare or any mecKanism tKat produces records r ³tKird party´ means a person, a Jroup of persons or an orJani]ation otKer tKan an applicant or a public body s ³trade secret´ means information, includinJ a formula, pattern, compilation, proJram, device, product, metKod, tecKnique or process i tKat is used, or may be used, in business or for any commercial purpose, ii tKat derives independent economic value, actual or potential, from not beinJ Jenerally NnoZn to anyone ZKo can obtain economic value from its disclosure or use, iii tKat is tKe subMect of reasonable efforts to prevent it from becominJ Jenerally NnoZn, and iv tKe disclosure of ZKicK Zould result in siJnificant Karm or undue financial loss or Jain. RSA 2000 cF-25 s1 RSA 2000 c+-5 s114 RSA 2000 c16 Supp s46 2003 cP-19.5 s139 2003 c21 s2 2006 c5 s15 200 c+-4.3 s15 2011 cC-11.5 s30 2011 c+-.2 s26 2012 cE-0.3 s269 2012 cP-39.5 s5 2013 c1 s10 201 c29 s112 201 c11 s12 201 c19 s6 2019 c15 s1 Purposes of tKis Act TKe purposes of tKis Act are RSA 2000 Section 3 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT a to alloZ any person a riJKt of access to tKe records in tKcustody or under tKe control of a public body subMect to limited and specific e[ceptions as set out in tKis Act, b to control tKe manner in ZKicK a public body may collect personal information from individuals, to control tKe use tKat a public body may maNe of tKat information and to control tKe disclosure by a public body of tKat information, c to alloZ individuals, subMect to limited and specific e[ceptions as set out in tKis Act, a riJKt of access to personainformation about tKemselves tKat is Keld by a public body, d to alloZ individuals a riJKt to request corrections to perinformation about tKemselves tKat is Keld by a public body, e to provide for independent revieZs of decisions made by public bodies under tKis Act and tKe resolution of complaints under tKis Act. 1994 cF-1.5 s2 1995 c1 s3 Scope of tKis Act TKis Act a is in addition to and does not replace e[istinJ procedures for access to information or records, b does not affect access to records i deposited in tKe Provincial ArcKives of Alberta, or ii deposited in tKe arcKives of a public body tKat Zere unrestricted before tKe cominJ into force of tKis Act, c does not limit tKe information otKerZise available by laZ a party to leJal proceedinJs, d does not affect tKe poZer of any court or tribunal in Canada to compel a Zitness to testify or to compel tKe production of documents, and e does not proKibit tKe transfer, storaJe or destruction of i in accordance ZitK an enactment of Alberta or Canada, or RSA 2000 Section 4 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT ii in accordance ZitKn or otKer leJal instrument by ZKicK a local public body acts or, if a local public body does not Kave a bylaZ, resolution or otKer leJal instrument in respect of tKe transfer, storaJe or destruction of a record, as autKori]ed by tKe JoverninJ body of tKe local public body. RSA 2000 cF-25 s3 2006 c1 s2 Records to ZKicK tKis Act applies 1 TKis Act applies to all records in tKe custody or under tKe control of a public body, includinJ court administration recordbut does not apply to tKe folloZinJ a information in a court file, a record of a MudJe of tKe Court of Appeal of Alberta, tKe Court of Queen’s BencK of Alberta or TKe Provincial Court of Alberta, a record of a master of tKe Court of Queen’s BencK of Alberta, a record eace otKer tKan a non-presidinJ Mustice oftKe peace under tKe Justice of the Peace Actadministration record or a record relatinJ to support services provided to tKe MudJes of any of tKe courts referred to in tKis b a personal note, communication or draft decision created bor for a person ZKo is actinJ in a Mudicial or quasi-Mudicial capacity includinJ any autKority desiJnated by tKe /ieutenant *overnor in Council to ZKicK tKe Administrative Procedures and Jurisdiction Act applies c a quality assurance record ZitKin tKe meaninJ of section 9of tKe Alberta Evidence Act d a record tKat is created by or for or is in tKe custody or under tKe control of an officer of tKe /eJislature and relates to tKee[ercise of tKat officer’s functions under an Act of Alberta e information tKat is collected by or for or is in tKe custody or under tKe control of tKe EtKics Commissioner and relates to tKe disclosure statements of deputy ministers and otKer senior officers tKat Kave been deposited ZitK tKe EtKics Commissioner e.1 information tKat is collected by or for or is in tKe custody or under tKe control of tKe EtKics Commissioner and relates to tKe disclosure statements of desiJnated senior officials tKat Kave been deposited ZitK tKe EtKics Commissioner under Part 4.3 of tKe Conflicts of Interest Act RSA 2000 Section 4 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT f a record tKat is created by or for or is in tKe custody or under tKe control of tKe EtKics Commissioner and relates to any advice relatinJ to conflicts of interest ZKetKer or not tKe advice Zas Jiven under tKe Conflicts of Interest Act J a question tKat is to be used on an e[amination or test K teacKinJ materials i of an employee of a post-secondary educational body, ii of a post-secondary educational body, or iii of botK an employee of a post-secondary educational body and tKe post-secondary educational body i researcK information of an employee of a post-secondary educational body M material tKat Kas been deposited in tKe Provincial ArcKiveof Alberta or tKe arcKives of a public body by or for a person or entity otKer tKan a public body M.1 publisKed ZorNs collected by a library of a public body accordance ZitK tKe library’s acquisition of materials policy N a record relatinJ to a prosecution if all proceedinJs in respect of tKe prosecution Kave not been completed l a record made from information i in tKe Personal Property ReJistry, ii in tKe office of tKe ReJistrar of Motor VeKicle Services, iii in tKe office of tKe ReJistrar of Corporations, iv in tKe office of tKe ReJistrar of Companies, v in a /and Titles Office, vi in tKe office of tKe ReJistrar of Vital Statistics, or vii in a reJistry operated by a public body if tKat reJistryautKori]ed or recoJni]ed by an enactment and public access to tKe reJistry is normally permitted m a personal record or constituency record of an elected member of a local public body RSA 2000 Section 4 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT n a personal record of an app member of tKeJoverninJ body of a local public body o a personal record or constituency record of a member of tKE[ecutive Council p a record created by or for tKe office of tKe SpeaNer of tK/eJislative Assembly or tKe office of a Member of tKe /eJislative Assembly tKat is in tKe custody or control of tKe /eJislative Assembly Office q a record created by or for i a member of tKe E[ecutive Council, ii a Member of tKe /eJislative Assembly, or iii a cKair of a Provincial aJency as defined in tKe Financial ZKo is a Member of tKe /eJislative Assembly tKat Kas been sent or is to be sent to a member of tKe E[ecutive Council, a Member of tKe /eJislative Assembly or a cKair of a Provincial aJency as defined in tKe Financial ZKo is a Member of tKe /eJislative Assembly r a record in tKe custody or control of a treasury brancK otKer tKan a record tKat relates to a non-arm’s lenJtK transaction betZeen tKe *overnment of Alberta and anotKer party s a record relatinJ to tKe business or affairs of Credit Union Central Alberta /imited, a credit union or a dissolved credit union or relatinJ to an application for incorporation as a credit union tKat is obtained or produced in tKe course of administerinJ or enforcinJ tKe Credit Union Act or tKe reJulations under it, otKer tKan a record tKat relates to a non-arm’s lenJtK transaction betZeen tKe *overnment and anotKer party t a record of tKe information referred to in section 120 3 of tKe Credit Union Act or respectinJ loans made by a credit union tKat are subsequently assumed by tKe Credit Union Deposit *uarantee Corporation u KealtK information as defined in tKe Health Information ActtKat is in tKe custody or under tKe control of a public body tKat is a custodian as defined in tKe Health Information Act RSA 2000 Section 5 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 2 In tKis section and sections 23 1 b and 94 1 n, ³Joverninbody´ a in relation to a university, means tKe board of Jovernors or tKe Jeneral faculties council as described in tKe Post-secondary Learning Act, b in relation to a compreKensive community colleJe, means tKe board of Jovernors or tKe academic council as described in tKe Post-secondary Learning Act, and c in relation to a polytecKnic institution, means tKe board Jovernors or tKe academic council as described in tKe Post-secondary Learning Act 3 In tKis section, ³Mudicial administration record´ means a record containinJ information relatinJ to a MudJe of tKe Court of AppeAlberta, tKe Court of Queen’s BencK of Alberta or TKe ProvinciaCourt of Alberta or to a master of tKe Court of Queen’s BencK oAlberta or a Mustice of tKe peace otKer tKan a non-presidinJ MuJustice of the Peace Act, and includes a tKe scKedulinJ of MudJes and trials, b tKe content of Mudicial traininJ proJrams, c statistics of Mudicial activity prepared by or for a MudJe d any record of tKe -udicial Council establisKed under Part of tKe Judicature Act 4 For tKe purposes of subsection 1 r and s, a non-arm’s lenJtK transaction is any transaction tKat Kas been approved a by tKe E[ecutive Council or any of its committees, b by tKe Treasury Board or any of its committees, or c by a member of tKe E[ecutive Council. RSA 2000 cF-25 s4 RSA 2000 c+-5 s114 RSA 2000 s16 Supp s46 2003 cP-19.5 s139 2003 c21 s3 2006 c1 s3 200 cV-4.1 s4 2011 c20 s 201 c20 s3 201 c22 s22 201 c19 s6 RelationsKip to otKer Acts If a provision of tKis Act is inconsistent or in conflict ZitK a provision of anotKer enactment, tKe provision of tKis Act prevaunless a anotKer Act, or RSA 2000 Section 6 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b a reJulation under tKis Act e[pressly provides tKat tKe otKer Act or reJulation, or a provision of it, prevails despite tKis Act. 1994 cF-1.5 s5 1999 c23 s5 ObtaininJ Access to Records Information riJKts 1 An applicant Kas a riJKt of access to any record in tKe custody or under tKe control of a public body, includinJ a record containinJ personal information about tKe applicant. 2 TKe riJKt of access to a record does not e[tend to informatioe[cepted from disclosure under Division 2 of tKis Part, but if tKat information can reasonably be severed from a record, an applicant Kas a riJKt of access to tKe remainder of tKe record. 3 TKe riJKt of access to a recore payment of any fee required by tKe reJulations. 4 TKe riJKt of access does not e[tend a to a record created solely for tKe purpose of briefinJ a member of tKe E[ecutive Council in respect of assuminJ responsibility for a ministry, or b to a record created solely for tKe purpose of briefinJ a member of tKe E[ecutive Council in preparation for a sittinJ of tKe /eJislative Assembly. 5 Subsection 4 a does not apply to a record described in tKaclause if 5 years or more Kas elapsed since tKe member of tKe E[ecutive Council Zas appointed as tKe member responsible for tKe ministry. 6 Subsection 4 b does not apply to a record described in tKaclause if 5 years or more Kas elapsed since tKe beJinninJ of tKsittinJ in respect of ZKicK tKe record Zas created. TKe riJKt of access to a record does not e[tenrelatinJ to an audit by tKe CKief Internal Auditor of Alberta tKat is in tKe custody of tKe CKief Internal Auditor of Alberta or any person under tKe administration of tKe CKief Internal Auditor o RSA 2000 Section CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Alberta, irrespective of ZKetKer tKe record Zas created by or for or supplied to tKe CKief Internal Auditor of Alberta. Subsection does not apply to a record described in tKat subsection a if 15 years or more Kas elapsed since tKe audit to ZKicK trecord relates Zas completed, or b if tKe audit to ZKicK tKe record relates Zas discontinued or if no proJress Kas been made on tKe audit for 15 years or more. 9 TKe riJKt of access to a record does not e[tend to informatiotKat Zould reveal tKe identity of a person ZKo Kas requested adabout maNinJ a disclosure, made a disclosure or submitted a complaint of a reprisal or ZKose complaint Kas been referred to/abour Relations Board pursuant to tKe Public Interest Disclosure (Whistleblower Protection) Act, but if tKat information can reasonably be severed from a record, an applicant Kas a riJKt oaccess to tKe remainder of tKe record. 10 Subsection 9 does not apply to tKe person ZKo requested advice about maNinJ a disclosure, made tKe disclosure, submittetKe complaint of a reprisal or is tKe subMect of tKe referral to tKe /abour Relations Board pursuant to tKe Public Interest Disclosure (Whistleblower Protection) ActRSA 2000 cF-25 s6 2006 c1 s4 201 c11 s43 +oZ to maNe a request 1 To obtain access to a record, a person must maNe a request totKe public body tKat tKe person believes Kas custody or control of tKe record. 2 A request must be in ZritinJ and must provide enouJK detail tenable tKe public body to identify tKe record. 3 In a request, tKe applicant may asN a for a copy of tKe record, or b to e[amine tKe record. 1994 cF-1.5 s Abandoned request 1 :Kere tKe Kead of a public body contacts an applicant in ZritinJ respectinJ tKe applicant’s request, includinJ a seeNinJ furtKer information from tKe applicant tKat is necessary to process tKe request, or RSA 2000 Section 9 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b requestinJ tKe applicant to pay a fee or to aJree to pay a fee, and tKe applicant fails to respond to tKe Kead of tKe public body, as requested by tKe Kead, ZitKin 30 days after beinJ contacted, tKKead of tKe public body may, by notice in ZritinJ to tKe applicdeclare tKe request abandoned. 2 A notice under subsection 1 must state tKat tKe applicant masN for a revieZ under Part 5. 1999 c23 s6 ContinuinJ request 1 TKe applicant may indicate in a request tKat tKe request, if Jranted, continues to Kave effect for a specified period of up 2 TKe Kead of a public body JrantinJ a request tKat continues tKave effect for a specified period must provide to tKe applican a a scKedule sKoZinJ dates in tKe specified period on ZKicK tKe request Zill be deemed to Kave been received and e[plaininJ ZKy tKose dates Zere cKosen, and b a statement tKat tKe applicant may asN tKe Commissioner torevieZ tKe scKedule. 3 TKis Act applies to a request tKat continues to Kave effect for a specified period as if a neZ request Zere made on eacK of tKe dsKoZn in tKe scKedule. 1994 cF-1.5 s Duty to assist applicants 1 TKe Kead of a public body must maNe every reasonable effort to assist applicants and to respond to eacK applicant opaccurately and completely. 2 TKe Kead of a public body must for an applicant a tKe record can be created from a record tKat is in electronic form and in tKe custody or under tKe control of tKe public body, usinJ its normal computer KardZare and softZare and tecKnical e[pertise, and b creatinJ tKe record Zould not unreasonably interfere ZitK tKe operations of tKe public body. 1994 cF-1.5 s9 RSA 2000 Section 11 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Time limit for respondinJ 1 TKe Kead of a public body must maNe every reasonable effort to respond to a request not later tKan 30 days after receivinJ it unless a tKat time limit is e[tended under section 14, or b tKe request Kas been transferred under section 15 to anotKpublic body. 2 TKe failure of tKe Kead to respond to a request ZitKin tKe 30-day period or any e[tended period is to be treated as a decision to refuse access to tKe record. 1994 cF-1.5 s10 Contents of response 1 In a response under section 11, tKe applicant must be told a ZKetKer access to tKe recorrefused, b if access to tKe record or part of it is Jranted, ZKere, ZKen be Jiven, and c if access to tKe record or to part of it is refused, i tKe reasons for tKe refusal and tKe provision of tKis Act on ZKicK tKe refusal is based, ii tKe name, title, business address and business telepKone number of an officer or employee of tKe public body ZKo can ansZer tKe applicant’s questions about tKe refusal, and iii tKat tKe applicant may asN for a revieZ of tKat decisionby tKe Commissioner or an adMudicator, as tKe case may be. 2 Despite subsection 1 c i, tKe Kead of a public body may, in a response, refuse to confirm or deny tKe e[istence of a a record containinJ information described in section 1 or20, or b a record containinJ personal information about a tKird parif disclosinJ tKe e[istence of tKe information Zould be an unreasonable invasion of tKe tKird party’s personal privacy. 1994 cF-1.5 s11 RSA 2000 Section 13 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT +oZ access Zill be Jiven 1 If an applicant is told under be Jranted, tKe Kead of tKe public body must comply ZitK tKis section. 2 If tKe applicant Kas asNed for a copy of a record and tKe record can reasonably be reproduced, a a copy of tKe record or part of it must be provided ZitK tresponse, or b tKe applicant must be Jiven reasons for any delay in providinJ tKe copy. 3 If tKere Zill be a delay in providinJ tKe copy under subsecti 2, tKe applicant must be told ZKere, ZKen and KoZ tKe copy Zibe provided. 4 If tKe applicant Kas asNed to e[amine a record or for a copy of a record tKat cannot reasonably bee applicant a must be permitted to e[amine tKe record or part of it, or b must be Jiven access in accordance ZitK tKe reJulations. 1994 cF-1.5 s12 1995 c1 s6 E[tendinJ time limit for respondinJ 1 TKe Kead of a public body may e[tend tKe time for respondinJ to a request for up to 30 days or, ZitK tKe Commissioner’s permission, for a lonJer period if a tKe applicant does not Jive enouJK detail to enable tKe public body to identify a requested record, b a larJe number of records are requested or must be searcKeand respondinJ ZitKin tKe period set out in section 11 Zould unreasonably interfere ZitK tKe operations of tKe public body, c more time is needed to consult ZitK a tKird party or anotKer public body before decidinJ ZKetKer to Jrant access to a d a tKird party asNs for a revieZ under section 65 2 or 3. 2 TKe Kead of a public body may, ZitK tKe Commissioner’s permission, e[tend tKe time for respondinJ to a request if multiple concurrent requests Kave been made by tKe same applicant or multiple concurrent requests Kave been made by 2 or more applicants ZKo ZorN for tKe same orJani]ation or ZKo ZorN in association ZitK eacK otKer. RSA 2000 Section 15 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 3 Despite subsection 1, ZKere tKe Kead of a public body is considerinJ JivinJ access to a record to ZKicK section 30 applitKe Kead of tKe public body may e[tend tKe time for respondinJ to tKe request for tKe period of time necessary to enable tKe Keadcomply ZitK tKe requirements of section 31. 4 If tKe time for respondinJ to a request is e[tended under subsection 1, 2 or 3, tKe Kead of tKe public body must tell tKe applicant a tKe reason for tKe e[tension, b ZKen a response can be e[pected, and c tKat tKe applicant may maNe a complaint to tKe Commissioner or to an adMudicator, as tKe case may be, about tKe e[tension. 1994 cF-1.5 s13 1999 c23 s TransferrinJ a request 1 :itKin 15 days after a request for access to a record is received by a public body, tKe Kead of tKe public body may transfer tKe request and, if necessary, tKe record to anotKer public bod a tKe record Zas produced by or for tKe otKer public body, b tKe otKer public body Zas tKe first to obtain tKe record, c tKe record is in tKe custody or under tKe control of tKe opublic body. 2 If a request is transferred under subsection 1, a tKe Kead of tKe public body ZKo transferred tKe request munotify tKe applicant of tKe transfer as soon as possible, and b tKe Kead of tKe public body to ZKicK tKe request is transferred must maNe every reasonable effort to respond to tKe request not later tKan 30 days after receivinJ tKe request unless tKat time limit is e[tended under section 14. 1994 cF-1.5 s14 1995 c1 s to be a request under +IA 1 If a request is made under section 1 for access to a record tKat contains information to ZKicK tKe Health Information applies, tKe part of tKe request tKat relates to tKat information is deemed to be a request under section 1 of tKe Health Information Act and tKat Act applies as if tKe request Kad been made under section 1 of tKat Act. RSA 2000 Section 16 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 2 Subsection 1 does not apply if tKe public body tKat receivetKe request is not a custodian as defined in tKe Health Information RSA 2000 c+-5 s114 Disclosure Karmful to business interests of a tKird party 1 TKe Kead of a public body must refuse to disclose to an applicant information a tKat Zould reveal i trade secrets of a tKird party, or ii commercial, financial, labour relations, scientific or tecKnical information of a tKird party, b tKat is supplied, e[plicitly or implicitly, in confidence, and c tKe disclosure of ZKicK could reasonably be e[pected to i Karm siJnificantly tKe competitive position or interfere siJnificantly ZitK tKe neJotiatinJ position of tKe tKird party, ii result in similar information no lonJer beinJ supplied totKe public body ZKen it is in tKe public interest tKat similar information continue to be supplied, iii result in undue financial loss or Jain to any person or orJani]ation, or iv reveal information supplied to, or tKe report of, an arbitrator, mediator, labour relations officer or otKer person or body appointed to resolve or inquire into a labour relations dispute. 2 TKe Kead of a public body must refuse to disclose to an applicant information about a tKird party tKat Zas collected on a ta[ return or collected for tKe purpose of determininJ ta[ liability or collectinJ a ta[. 3 Subsections 1 and 2 do not apply if a tKe tKird party consents to tKe disclosure, b an enactment of Alberta or Canada autKori]es or requires tKe information to be disclosed, RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT c tKe information relates to a non-arm’s lenJtK transaction betZeen a public body and anotKer party, or d tKe information is in a record tKat is in tKe custody or under tKe control of tKe Provincial ArcKives of Alberta or tKe arcKives of a public body and Kas been in e[istence for 50 years or more. RSA 2000 cF-25 s16 2003 c21 s4 Disclosure Karmful to personal privacy 1 TKe Kead of a public body must refuse to disclose personal information to an applicant if tKe disclosure Zould be an unreasonable invasion of a tKird party’s personal privacy. 2 A disclosure of personal information is not an unreasonable invasion of a tKird party’s personal privacy if a tKe tKird party Kas, in tKe prescribed manner, consented to or requested tKe disclosure, b tKere are compellinJ circumstances affectinJ anyone’s KealtK or safety and Zritten notice of tKe disclosure is Jiven to tKe tKird party, c an Act of Alberta or Canada autKori]es or requires tKe disclosure, d repealed 2003 c21 s5, e tKe information is about tKe tKird party’s classification,salary ranJe, discretionary benefits or employment responsibilities as an officer, employee or member of a public body or as a member of tKe staff of a member of tKe E[ecutive Council, f tKe disclosure reveals financial and otKer details of a contract to supply Joods or services to a public body, J tKe information is about a licence, permit or otKer similadiscretionary benefit relatinJ to i a commercial or professional activity, tKat Kas been Jranted to tKe tKird party by a public body, or ii real property, includinJ a development permit or buildinJ permit, tKat Kas been Jranted to tKe tKird party by a public body, RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT and tKe disclosure is limited to tKe name of tKe tKird party ce, permit or otKer similar discretionary benefit, K tKe disclosure reveals details of a discretionary benefit of a financial nature Jranted to tKe tKird party by a public body, i tKe personal information is about an individual ZKo Kas been dead for 25 years or more, or M subMect to subsection 3, tKe disclosure is not contrary to tKe public interest and reveals only tKe folloZinJ personal information about a tKird party i enrolment in a scKool of an educational body or in a proJram offered by a post-secondary educational body, ii repealed 2003 c21 s5, iii attendance at or participation in a public event or activity related to a public body, includinJ a Jraduation ceremony, sportinJ event, cultural proJram or club, or field trip, or iv receipt of an Konour or aZard Jranted by or tKrouJK a public body. 3 TKe disclosure of personal information under subsection 2 Mis an unreasonable invasion of personal privacy if tKe tKird party ZKom tKe information is about Kas requested tKat tKe informationot be disclosed. 4 A disclosure of personal information is presumed to be an unreasonable invasion of a tKird party’s personal privacy if a tKe personal information relates to a medical, psycKiatric or psycKoloJical Kistory, diaJnosis, condition, treatment or b tKe personal information is an identifiable part of a laZ enforcement record, e[cept to tKe e[tent tKat tKe disclosure is necessary to dispose of tKe laZ enforcement matter or to continue an investiJation, c tKe personal information relates to eliJibility for incomeassistance or social service benefits or to tKe determination of benefit levels, d tKe personal information relates to employment or educational Kistory, RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT e tKe personal information Zata[ return or JatKered for tKe purpose of collectinJ a ta[, e.1 tKe personal information consists of an individual’s banaccount information or credit card information, f tKe personal information consists of personal recommendations or evaluations, cKaracter references or personnel evaluations, J tKe personal information consists of tKe tKird party’s namZKen i it appears ZitK otKer personal information about tKe tKirdparty, or ii tKe disclosure of tKe name itself Zould reveal personal information about tKe tKird party, or K tKe personal information indicates tKe tKird party’s raciaetKnic oriJin or reliJious or political beliefs or associations 5 In determininJ under subsections 1 and 4 ZKetKer a disclosure of personal information constitutes an unreasonable invasion of a tKird party’s personal privacy, tKe Kead of a pubbody must consider all tKe relevant circumstances, includinJ ZKetKer a tKe disclosure is desirable for tKe purpose of subMectinJ tKe activities of tKe *overnment of Alberta or a public body to public scrutiny, b tKe disclosure is liNely to promote public KealtK and safeor tKe protection of tKe environment, c tKe personal information is relevant to a fair determinatiof tKe applicant’s riJKts, d tKe disclosure Zill assist in researcKinJ or validatinJ tKclaims, disputes or Jrievances of aboriJinal people, e tKe tKird party Zill be e[posed unfairly to financial or otKer Karm, f tKe personal information Kas been supplied in confidence, J tKe personal information is liNely to be inaccurate or unreliable, RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT K tKe disclosure may unfairly damaJe tKe reputation of any person referred to in tKe record i tKe personal information Zas oriJinally provided by tKe applicant. RSA 2000 cF-25 s1 2003 c21 s5 Disclosure Karmful to individual or public safety 1 TKe Kead of a public body may refuse to disclose to an applicant information, includinJ personal information about tKeapplicant, if tKe disclosure could reasonably be e[pected to a tKreaten anyone else’s safety or mental or pKysical KealtK, or b interfere ZitK public safety. 2 TKe Kead of a public body may refuse to disclose to an applicant personal information about tKe applicant if, in tKe opinion of a pKysician, a reJulated member of tKe ColleJe of Alberta PsycKoloJists or a psycKiatrist or any otKer appropriate e[pertdependinJ on tKe circumstances of tKe case, tKe disclosure coulreasonably be e[pected to result in immediate and Jrave Karm toealtK or safety. 3 TKe Kead of a public body may refuse to disclose to an applicant information in a record tKat reveals tKe identity of an individual ZKo Kas provided information to tKe public body in confidence about a tKreat to an individual’s safety or mental oRSA 2000 cF-25 s1 2000 c+- s153 Confidential evaluations 1 TKe Kead of a public body may refuse to disclose to an applicant personal information tKat is evaluative or opinion material compiled for tKe purpose of determininJ tKe applicant’suitability, eliJibility or qualifications for employment or for tKe or otKer benefits by a public body ZKen tKe information is provided, e[plicitly or implicitly, in confidenc 2 TKe Kead of a public body may refuse to disclose to an applicant personal information tKat identifies or could reasonably identify a participant in a formal employee evaluation process concerninJ tKe applicant ZKen tKe information is provided, e[plicitly or implicitly, in confidence. 3 For tKe purpose of subsection 2, ³participant´ includes a peer, subordinate or client of an applicant, but does not include tKeapplicant’s supervisor or superior. 1994 cF-1.5 s1 1999 c23 s11 RSA 2000 Section 20 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Disclosure Karmful to laZ enforcement 1 TKe Kead of a public body may refuse to disclose information to an applicant if tKe disclosure could reasonably e[pected to a Karm a laZ enforcement matter, b preMudice tKe defence of Canada or of any foreiJn state allied to or associated ZitK Canada, b.1 disclose activities suspected of constitutinJ tKreats to tKe security of Canada ZitKin tKe meaninJ of tKe Canadian Security Intelligence Service Act Canada, c Karm tKe effectiveness of investiJative tecKniques and procedures currently used, or liNely to be used, in laZ enforcement, d reveal tKe identity of a confidential source of laZ enforcement information, e reveal criminal intelliJence tKat Kas a reasonable connection ZitK tKe detection, prevention or suppression of orJani]ed criminal activities or of serious and repetitive criminal activities, f interfere ZitK or Karm an onJoinJ or unsolved laZ enforcement investiJation, includinJ a police investiJation, J reveal any information relatinJ to or used in tKe e[ercise of prosecutorial discretion, K deprive a person of tKe riJKt to a fair trial or impartialadMudication, i reveal a record tKat Kas been confiscated from a person bypeace officer in accordance ZitK a laZ, M facilitate tKe escape from custody of an individual ZKo isbeinJ laZfully detained, N facilitate tKe commission of an unlaZful act or Kamper tKecontrol of crime, l reveal tecKnical information relatinJ to Zeapons or potentZeapons, m Karm tKe security of any property or system, includinJ a buildinJ, a veKicle, a computer system or a communications system, or RSA 2000 Section 20 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT n reveal information in a correctional record supplied, e[plicitly or implicitly, in confidence. 2 Subsection 1 J does not apply to information tKat Kas beenin e[istence for 10 years or more. 3 TKe Kead of a public body may refuse to disclose information to an applicant if tKe information a is in a laZ enforcement record and tKe disclosure could reasonably be e[pected to e[pose to civil liability tKe autKor of tKe record or an individual ZKo Kas been quoted or parapKrased in tKe record, or b is about tKe Kistory, supervision or release of an individual ZKo is under tKe control or supervision of a correctional autKority and tKe disclosure could reasonably be e[pected to Karm tKe proper custody or supervision of tKat person. 4 TKe Kead of a public body must refuse to disclose informationto an applicant if tKe information is in a laZ enforcement record and tKe disclosure Zould be an offence under an Act of Canada. 5 Subsections 1 and 3 do not apply to a a report prepared in tKe course of routine inspections by aJency tKat is autKori]ed to enforce compliance ZitK an Act of Alberta, or b a report, includinJ statistical analysis, on tKe deJree ofsuccess acKieved in a laZ enforcement proJram unless disclosure of tKe report could reasonably be e[pected to interfere ZitK or Karm any of tKe matters referred to in subsection 1 or 3. 6 After a police investiJation is completed, tKe Kead of a publbody may disclose under tKis section tKe reasons for a decisionto prosecute a to a person ZKo NneZ of and Zas siJnificantly interested itKe investiJation, includinJ a victim or a relative or friend oa victim, or b to any otKer member of tKe public, if tKe fact of tKe investiJation Zas made public. RSA 2000 cF-25 s20 2002 c32 s RSA 2000 Section 21 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Disclosure Karmful to interJovernmental relations 1 TKe Kead of a public body may refuse to disclose information to an applicant if tKe disclosure could reasonably e[pected to a Karm relations betZeen tKe *overnment of Alberta or its aJencies and any of tKe folloZinJ or tKeir aJencies i tKe *overnment of Canada or a province or territory of Canada, ii a local Jov iii an aboriJinal orJani]ation tKat e[ercises Jovernment functions, includinJ A tKe council of a band as defined in tKe Indian Act Canada, and B an orJani]ation establisKed to neJotiate or implement, on beKalf of aboriJinal people, a treaty or land claim aJreement ZitK tKe *overnment of Canada, iv tKe Jovernment of a foreiJn state, or v an international orJani]ation of states, or b reveal information supplied, e[plicitly or implicitly, in confidence by a Jovernment, local Jovernment body or an orJani]ation listed in clause a or its aJencies. 2 TKe Kead of a public body may disclose information referred tin subsection 1 a only ZitK tKe consent of tKe Minister in consultation ZitK tKe E[ecutive Council. 3 TKe Kead of a public body may disclose information referred tin subsection 1 b only ZitK tKe consent of tKe Jovernment, lJovernment body or orJani]ation tKat supplies tKe information, or its aJency. 4 TKis section does not apply to information tKat Kas been in e[istence in a record for 15 years or more. 1994 cF-1.5 s20 1995 c1 s9 1999 c23 s13 Cabinet and Treasury Board confidences 1 TKe Kead of a public body must refuse to disclose to an applicant information tKat Zould reveal tKe substance of RSA 2000 Section 23 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT deliberations of tKe E[ecutive Council or any of its committees or of tKe Treasury Board or any of its committees, includinJ any advice, recommendations, policy considerations or draft leJislation or reJulations submitted or prepared for submission to tKe E[ecutive Council or any of its committees or to tKe Treasury Board or any of its committees. 2 Subsection 1 does not apply to a information in a record tKat Kas been in e[istence for 15 years or more, b information in a record of a decision made by tKe E[ecutivCouncil or any of its committees on an appeal under an Act, or c information in a record tKe purpose of ZKicK is to presentbacNJround facts to tKe E[ecutive Council or any of its ury Board or any of its committees for consideration in maNinJ a decision if i tKe decision Kas been made public, ii tKe decision Kas been implemented, or iii 5 years or more Kave passed since tKe decision Zas made or considered. 1994 cF-1.5 s21 /ocal public body confidences 1 TKe Kead of a local public body may refuse to disclose information to an applicant if tKe disclosure could reasonably e[pected to reveal a a draft of a resolution, bylaZ or otKer leJal instrument bZKicK tKe local public body acts, or b tKe substance of deliberations of a meetinJ of its electedofficials or of its JoverninJ body or a committee of its JoverninJ body, if an Act or a reJulation under tKis Act autKori]es tKe KoldinJ of tKat meetinJ in tKe absence of tKe public. 2 Subsection 1 does not apply if a tKe draft of tKe resolution, bylaZ or otKer leJal instrument or tKe subMect-matter of tKe deliberation Kas been considered in a meetinJ open to tKe public, or RSA 2000 Section 24 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b tKe information referred to in tKat subsection is in a rectKat Kas been in e[istens or more. 1994 cF-1.5 s22 Advice from officials 1 TKe Kead of a public body may refuse to disclose information to an applicant if tKe disclosure could reasonably e[pected to reveal a advice, proposals, recommendations, analyses or policy options developed by or for a public body or a member of tKe E[ecutive Council, b consultations or deliberations involvinJ i officers or employees of a public body, ii a member of tKe E[ecutive Council, or iii tKe staff of a member of tKe E[ecutive Council, c positions, plans, procedures, criteria or instructions developed for tKe purpose of contractual or otKer neJotiations by or on beKalf of tKe *overnment of Alberta or a public body, or considerations tKat relate to tKose neJotiations, d plans relatinJ to tKe manaJement of personnel or tKe administration of a public body tKat Kave not yet been implemented, e tKe contents of draft leJislation, reJulations and orders of members of tKe E[ecutive Council or tKe /ieutenant *overnor in Council, f tKe contents of aJendas or minutes of meetinJs i of tKe JoverninJ body of an aJency, board, commission, or otKer body tKat is desiJnated as a public body in tKe reJulations, or ii of a committee of a JoverninJ body referred to in subclause i, J information, includinJ tKe proposed plans, policies or proMects of a public body, tKe disclosure of ZKicK could reasonably be e[pected to result in disclosure of a pendinJ policy or budJetary decision, or RSA 2000 Section 24 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT K tKe contents of a formal researcK or audit report tKat in tKe opinion of tKe Kead of tKe public body is incomplete unless no proJress Kas been made on tKe report for at least 3 years. 2 TKis section does not apply to information tKat a Kas been in e[istens or more, b is a statement of tKe reasons for a decision tKat is made in tKe e[ercise of a discretionary poZer or an adMudicative function, c is tKe result of product or environmental testinJ carried out by or for a public body, tKat is complete or on ZKicK no proJress Kas been made for at least 3 years, unless tKe testinJ Zas done i for a fee as a service to a person otKer tKan a public body, or ii for tKe purpose of developinJ metKods of testinJ or testinJ products for possible purcKase, d is a statistical survey, e is tKe result of bacNJround researcK of a scientific or tecKnical nature undertaNen in connection ZitK tKe formulation of a policy proposal, tKat is complete or on ZKicK no proJress Kas been made for at least 3 years, f is an instruction or Juideline issued to tKemployees of a public body, or J is a substantive rule or sty tKat Kas beenadopted by a public body for tKe purpose of interpretinJ an Act or reJulation or administerinJ a proJram or activity of tKe public body. 2.1 TKe Kead of a public body must refuse to disclose to an applicant a a record relatinJ to an audit by tKe CKief Internal Auditor of Alberta tKat is created by or for tKe CKief Internal Auditor ofAlberta, or b information tKat Zould reveal information about an audit btKe CKief Internal Auditor of Alberta. 2.2 Subsection 2.1 does not apply to a record or information described in tKat subsection RSA 2000 Section 25 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT a if 15 years or more Kas elapsed since tKe audit to ZKicK trecord or information relates Zas completed, or b if tKe audit to ZKicK tKe record or information relates Zadiscontinued or if no proJress Kas been made on tKe audit for 15 years or more. 3 In tKis section, ³audit´ means a financial or otKer formal ansystematic e[amination or revieZ of a proJram, portion of a proJram or activity. RSA 2000 cF-25 s24 2006 c1 s5 Disclosure Karmful to economic and otKer interests of a public body 1 TKe Kead of a public body may refuse to disclose information to an applicant if tKe disclosure could reasonably e[pected to Karm tKe economic interest of a public body or tKe *overnment of Alberta or tKe ability of tKe *overnment to manaJtKe economy, includinJ tKe folloZinJ information a trade secrets of a public body or tKe *overnment of Albert b financial, commercial, sinformation in ZKicK a public body or tKe *overnment of Alberta Kas a proprietary interest or a riJKt of use and tKat Kas, or is reasonably liNely to Kave, monetary value c information tKe disclosure of ZKicK could reasonably be e[pected to i result in financial loss to, ii preMudice tKe competitive position of, or iii interfere ZitK contractual or otKer neJotiations of, tKe *overnment of Alberta or a public body d information obtained tKrouJK researcK by an employee of a public body, tKe disclosure of ZKicK could reasonably be e[pected to deprive tKe employee or tKe public body of priority of publication. 2 TKe Kead of a public body must not refuse to disclose under subsection 1 tKe results of product or environmental testinJ carried out by or for a public body, unless tKe testinJ Zas don a for a fee as a service to a person, otKer tKan tKe public body, or RSA 2000 Section 26 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b for tKe purpose of developinJ metKods of testinJ or testinproducts for possible purcKase. 1994 cF-1.5 s24 1999 c23 s15 TestinJ procedures, tests and audits TKe Kead of a public body may refuse to disclose to an applicant information relatinJ to a testinJ or auditinJ procedures or tecKniques, b details of specific tests to be Jiven or audits to be conducted, or c standardi]ed tests used by a public body, includinJ intelliJence tests, if disclosure could reasonably be e[pected to preMudice tKe useresults of particular tests or audits. 1994 cF-1.5 s25 1999 c23 s16 PrivileJed information 1 TKe Kead of a public body may refuse to disclose to an applicant a information tKat is subMect to any type of leJal privileJeincludinJ solicitor-client privileJe or parliamentary privileJe, b information prepared by or for i tKe Minister of -ustice and Solicitor *eneral, ii an aJent or laZyer of tKe Minister of -ustice and Solicitor *eneral, or iii an aJent or laZyer of a public body, in relation to a matter involvinJ tKe provision of leJal services, or c information in correspondence betZeen i tKe Minister of -ustice and Solicitor *eneral, ii an aJent or laZyer of tKe Minister of -ustice and Solicitor *eneral, or iii an aJent or laZyer of a public body, RSA 2000 Section 2 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT and any otKer person in relation to a matter involvinJ tKe provision of advice or otKer services by tKe Minister of -ustice and Solicitor *eneral or by tKe aJent or laZyer. 2 TKe Kead of a public body must refuse to disclose informationdescribed in subsection 1 a tKat relates to a person otKer tKan a public body. 3 Only tKe SpeaNer of tKe /eJislative Assembly may determine ZKetKer information is subMect to parliamentary privileJe. RSA 2000 cF-25 s2 2013 c10 s34 Disclosure Karmful to tKe conservation of KeritaJe sites, etc. TKe Kead of a public body may refuse to disclose informationto an applicant if tKe disclosure could reasonably be e[pected result in damaJe to or interfere ZitK tKe conservation of a any Kistoric resource as defined in tKe Historical Resources , or b any rare, endanJered, tKreatened or vulnerable form of lif1994 cF-1.5 s2 1995 c1 s11 Information tKat is or Zill be available to tKe public 1 TKe Kead of a public body may refuse to disclose to an applicant information a tKat is readily available to tKe public, a.1 tKat is available for purcKase by tKe public, or b tKat is to be publisKed or released to tKe public ZitKin 6days after tKe applicant’s request is received. 2 TKe Kead of a public body must notify an applicant of tKe publication or release of information tKat tKe Kead Kas refuseddisclose under subsection 1 b. 3 If tKe information is not publisKed or released ZitKin 60 dayafter tKe applicant’s request is received, tKe Kead of tKe public body must reconsider tKe request as if it Zere a neZ request received on tKe last day of tKat period, and access to tKe information requested must not be refused under subsection 1 b. RSA 2000 cF-25 s29 2003 c21 s6 RSA 2000 Section 30 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT TKird Party Intervention NotifyinJ tKe tKird party 1 :Ken tKe Kead of a public body is considerinJ JivinJ access to a record tKat may contain information a tKat affects tKe interests of a tKird party under section 16, or b tKe disclosure of ZKicK may be an unreasonable invasion ofa tKird party’s personal privacy under section 1, tKe Kead must, ZKere practicable and as soon as practicable, Jive Zritten notice to tKe tKird party in accordance Z 4. 1.1 Subsection 1 does not apply to information tKat tKe Kead ofa public body may refuse to disclose in accordance ZitK section 29. 2 Subsection 1 does not apply to a record containinJ information described in section 1 2 M. 3 If tKe Kead of a public body does not intend to Jive access to a record tKat contains information e[cepted from disclosure undersection 16 or 1, tKe Kead may Jive Zritten notice to tKe tKird party in accordance ZitK s 4 A notice under tKis section must a state tKat a request Kas been made for access to a record tKat may contain information tKe disclosure of ZKicK Zould affect tKe interests or invade tKe personal privacy of tKe tKird party, b include a copy of tKe record or part of it containinJ tKe information in question or describe tKe contents of tKe record, and c state tKat, ZitKin 20 days after tKe notice is Jiven, tKe tKird party may, in ZritinJ, consent to tKe disclosure or maNe representations to tKe public body e[plaininJ ZKy tKe information sKould not be disclosed. 5 :Ken notice is Jiven under subsection 1, tKe Kead of tKe public body must also Jive tKe applicant a notice statinJ tKat a tKe record requested by tKe applicant may contain information tKe disclosure of ZKicK Zould affect tKe interests or invade tKe personal privacy of a tKird party, RSA 2000 Section 31 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b tKe tKird party is beinJ Jiven an opportunity to maNe representations concerninJ disclosure, and c a decision Zill be made ZitKin 30 days after tKe day noticis Jiven under subsection 1. RSA 2000 cF-25 s30 2003 c21 s Time limit and notice of decision 1 :itKin 30 days after notice is Jiven pursuant to section 30 1 or 2, tKe Kead of tKe public body must decide ZKetKer tJive access to tKe record or to part of tKe record, but no decimay be made before tKe earlier of a 21 days after tKe day notice is Jiven, and b tKe day a response is received from tKe 2 On reacKinJ a decisi 1, tKe Kead of tKe public body must Jive Zritten notice of tKe decision, includinJreasons for tKe decision, to tKe applicant and tKe tKird party. 3 If tKe Kead of tKe public body decides to Jive access to tKe record or part of tKe record, tKe notice under subsection 2 must state tKat tKe applicant Zill be Jiven access unless tKe tKird party asNs for a revieZ under Part 5 ZitKin 20 days after tKat noticeJiven. 4 If tKe Kead of tKe public body decides not to Jive access to tKe record or part of tKe record, tKe notice under subsection 2 must state tKat tKe applicant may asN for a revieZ under Part 5. 1994 cF-1.5 s30 Public +ealtK and Safety Information must be disclosed if in tKe public interest 1 :KetKer or not a request for access is made, tKe Kead of a public body must, ZitKout delay, disclose to tKe public, to an affected Jroup of people, to any person or to an applicant a information about a risN of siJnificant Karm to tKe environment or to tKe KealtK or safety of tKe public, of tKe affected Jroup of people, of tKe person or of tKe applicant, or b information tKe disclosure of ZKicK is, for any otKer reason, clearly in tKe public interest. 2 Subsection 1 applies despite any otKer provision of tKis Ac RSA 2000 Section 33 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 3 Before disclosinJ information under subsection 1, tKe Kead of a public body must, ZKere practicable, a notify any tKird party to ZKom tKe information relates, b Jive tKe tKird party an opportunity to maNe representationrelatinJ to tKe disclosure, and c notify tKe Commissioner. 4 If it is not practicable to comply ZitK subsection 3, tKe Kead of tKe public body must Jive Zritten notice of tKe disclosure a to tKe tKird party, and b to tKe Commissioner. RSA 2000 cF-25 s32 2003 c21 s Protection of Privacy Purpose of collection of information No personal information may be collected by or for a public body unless a tKe collection of tKat information is e[pressly autKori]edan enactment of Alberta or Canada, b tKat information is collected for tKe purposes of laZ enforcement, or c tKat information relates directly to and is necessary for an operatinJ proJram or activity of tKe public body. 1994 cF-1.5 s32 1999 c23 s19 Manner of collection of information 1 A public body must collect personal information directly from tKe individual tKe information is about unless a anotKer metKod of collection is autKori]ed by i tKat individual, ii anotKer Act or a reJulation under anotKer Act, or iii tKe Commissioner under section 53 1 K of tKis Act, RSA 2000 Section 34 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b tKe information may be disclosed to tKe public body under Division 2 of tKis Part, c tKe information is collected in a KealtK or safety emerJenZKere i tKe individual is not able to provide tKe information directly, or ii direct collection could reasonably be e[pected to endanJer tKe mental or pKysical KealtK or safety of tKe individual or anotKer person, d tKe information concerns an individual ZKo is desiJnated aa person to be contacted in an emerJency or otKer specified circumstances, e tKe information is collected for tKe purpose of determininsuitability for an Konour or aZard, includinJ an Konorary pri]e or bursary, f tKe information is collected from publisKed or otKer publisources for tKe purpose of fund-raisinJ, J tKe information is collected for tKe purpose of laZ enforcement, K tKe information is collected for tKe purpose of collectinJfine or a debt oZed to tKe *overnment of Alberta or a public body, i tKe information concerns tKe Kistory, release or supervision of an individual under tKe control or supervision of a correctional autKority, M tKe information is collected for use in tKe provision of leJal services to tKe *overnment of Alberta or a public body, N tKe information is necessary i to determine tKe eliJibility of an individual to participain a proJram of or receive a benefit, product or service from tKe *overnment of Alberta or a public body and is collected in tKe course of processinJ an application made by or on beKalf of tKe individual tKe information is ii to verify tKe eliJibility of an individual ZKo is of or receivinJ a benefit, RSA 2000 Section 35 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT product or service from tKe *overnment of Alberta or a public body and is collected for tKat purpose, l tKe information is collected for tKe purpose of informinJ Public Trustee or a Public *uardian about clients or potential clients, m tKe information is collected for tKe purpose of enforcinJ maintenance order under tKe Maintenance Enforcement Act n tKe information is collected for tKe purpose of manaJinJ administerinJ personnel of tKe *overnment of Alberta or tKe public body, or o tKe information is collected for tKe purpose of assistinJ in researcKinJ or validatinJ tKe claims, disputes or Jrievances of aboriJinal people. 2 A public body tKat collects personal information tKat is required by subsection 1 to be collected directly from tKe individual tKe information is about must inform tKe individual a tKe purpose for ZKicK tKe information is collected, b tKe specific leJal autKority for tKe collection, and c tKe title, business address and business telepKone number an officer or employee of tKe public body ZKo can ansZer tKe individual’s questions about tKe collection. 3 Subsections 1 and 2 do not apply if, in tKe opinion of tKKead of tKe public body concerned, it could reasonably be e[pected tKat tKe information collected Zould be inaccurate. RSA 2000 cF-25 s34 200 cA-4.2 s130 Accuracy and retention If an individual’s personal information Zill be used by a public body to maNe a decision tKat directly affects tKe individual, tpublic body must a maNe every reasonable effort to ensure tKat tKe informatiois accurate and complete, and b retain tKe personal information for at least one year afteusinJ it so tKat tKe individual Kas a reasonable opportunity to obtain access to it, or for any sKorter period of time as aJreed to in ZritinJ by i tKe individual, RSA 2000 Section 36 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT ii tKe public body, and iii if tKe body tKat approves tKe records and retention and disposition scKedule for tKe public body is different from tKe public body, tKat body. 1994 cF-1.5 s34 1999 c23 s21 RiJKt to request correction of personal information 1 An individual ZKo believes tKere is an error or omission in tKe individual’s personal information may request tKe Kead of tpublic body tKat Kas tKe information in its custody or under itcontrol to correct tKe information. 2 Despite subsection 1, tKe Kead of a public body must not correct an opinion, includinJ a professional or e[pert opinion. 3 If no correction is made in response to a request under r if because of subsectiomade, tKe Kead of tKe public body must annotate or linN tKe personal information ZitK tKat part of tKe requested correction tKat is relevant and material tn question. 4 On correctinJ, annotatinJ or linNinJ personal information under tKis section, tKe Kead of tKe public body must notify anyotKer public body or any tKird party to ZKom tKat information Kas been disclosed durinJ tKe one year before tKe correction Zas requested tKat a correction, annotation or linNaJe Kas been mad 5 Despite subsection 4, tKe Kead of a public body may dispensZitK notifyinJ any otKer public body or tKird party tKat a correction, annotation or linNaJe Kas been made if a in tKe opinion of tKe Kead of tKe public body, tKe correctannotation or linNaJe is not material, and b tKe individual ZKo requested tKe correction is advised andaJrees in ZritinJ tKat notification is not necessary. 6 On beinJ notified under subsection 4 of a correction, annotation or linNaJe of personal information, a public body mumaNe tKe correction, annotation or linNaJe on any record of tKainformation in its custody or under its control. :itKin 30 days after tKe request under subsection 1 is received, tKe Kead of tKe public body must Jive Zritten notice to tKe individual tKat a tKe correction Kas been made, or RSA 2000 Section 3 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b an annotation or linNaJe Kas been made pursuant to subsection 3. Section 14 applies to tKe period set out in subsection . RSA 2000 cF-25 s36 2003 c21 s9 TransferrinJ request to correct personal information 1 :itKin 15 days after a request to correct personal information under section 36 1 is received by a public body, tKead of tKe public body may transfer tKe request to anotKer pubbody if a tKe personal information Zas collected by tKe otKer publicbody, or b tKe otKer public body created tKe record containinJ tKe personal information. 2 If a request is transferred under subsection 1, a tKe Kead of tKe public body ZKo transferred tKe request munotify tKe individual ZKo made tKe request of tKe transfer as soon as possible, and b tKe Kead of tKe public body to ZKicK tKe request is transferred must maNe every reasonable effort to respond to tKe request not later tKan 30 days after receivinJ tKe request unless tKe time limit is e[tended pursuant to section 36 . RSA 2000 cF-25 s3 2003 c21 s10 36 deemed to be a request under +IA 1 If a request is made under section 36 1 to correct personal information tKat contains information to ZKicK tKe Health Information Act applies, tKe part of tKe request tKat relates to tKat information is deemed to be a request under section 13 1 of tKHealth Information Act and tKat Act applies as if tKe request Kad been made under section 13 1 of tKat Act. 2 Subsection 1 does not apply if tKe public body tKat receivetKe request is not a custodian as defined in tKe Health Information RSA 2000 c+-5 s114 Protection of personal information TKe Kead of a public body must protect personal information by maNinJ reasonable security arranJements aJainst sucK risNs aunautKori]ed access, collection, use, disclosure or destruction1994 cF-1.5 s36 1996 c2 s21 RSA 2000 Section 39 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Information by Public Bodies Use of personal information 1 A public body may use personal information only a for tKe purpose for ZKicK tKe information Zas collected orcompiled or for a use consistent ZitK tKat purpose, b if tKe individual tKe information is about Kas identified tKe information and consented, in tKe prescribed manner, to tKe use, or c for a purpose for ZKicK tKat information may be disclosed to tKat public body under section 40, 42 or 43. 2 Despite subsection 1, but subMect to subsection 3, a post-secondary educational body may use personal information inits alumni records for tKe purpose of its oZn fund-raisinJ activities. 3 A post-secondary educational body must, ZKen requested to do so by an individual, discontinue usinJ tKat individual’s personinformation under subsection 2. 4 A public body may use personal information only to tKe e[tentnecessary to enable tKe public body to carry out its purpose inreasonable manner. 1994 cF-1.5 s3 1999 c23 s24 Disclosure of personal information 1 A public body may disclose personal information only a in accordance ZitK Part 1, b if tKe disclosure Zould not be an unreasonable invasion of a tKird party’s personal privacy under section 1, c for tKe purpose for ZKicK tKe information Zas collected orcompiled or for a use consistent ZitK tKat purpose, d if tKe individual tKe information is about Kas identified tKe information and consented, in tKe prescribed manner, to tKe disclosure, e for tKe purpose of complyinJ ZitK an enactment of Alberta or Canada or ZitK a treaty, arranJement or aJreement made under an enactment of Alberta or Canada, RSA 2000 Section 40 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT f for any purpose in accordance ZitK an enactment of Albertaor Canada tKat autKori]es or requires tKe disclosure, J for tKe purpose of complyinJ ZitK a subpoena, Zarrant or order issued or made by a court, person or body KavinJ Murisdiction in Alberta to compel tKe production of information or ZitK a rule of court bindinJ in Alberta tKat relates to tKe production of information, K to an officer or employee of tKe public body or to a membeof tKe E[ecutive Council, if tKe information is necessary for tKe performance of tKe duties of tKe officer, employee or member, i to an officer or employee of a public body or to a member of tKe E[ecutive Council, if tKe disclosure is necessary for tKe delivery of a common or inteJrated proJram or service and for tKe performance of tKe duties of tKe officer or employee or member to ZKom tKe information is disclosed, M for tKe purpose of enforcinJ a leJal riJKt tKat tKe *overnment of Alberta or a public body Kas aJainst any person, N for tKe purpose of i collectinJ a fine or debt oZinJ by an individual to tKe *overnment of Alberta or to a public body, or to an assiJnee of eitKer of tKem, or ii maNinJ a payment oZinJ by tKe *overnment of Alberta or by a public body to an individual, l for tKe purpose of determininJ or verifyinJ an individual’suitability or eliJibility for a proJram or benefit, m to tKe Auditor *eneral or any otKer prescribed person or body for audit purposes, n to a member of tKe /eJislative Assembly ZKo Kas been requested by tKe individual tKe information is about to assist in resolvinJ a problem, o to a representative of a barJaininJ aJent ZKo Kas been autKori]ed in ZritinJ by tKe employee tKe information is about to maNe an inquiry, p to tKe Provincial ArcKives of Alberta or to tKe arcKives opublic body for permanent preservation, RSA 2000 Section 40 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT q to a public body or a laZ enforcement aJency in Canada to assist in an investiJation i undertaNen ZitK a vieZ to a laZ enforcement proceedinJ, or ii from ZKicK a laZ enforcement proceedinJ is liNely to result, r if tKe public body is a laZ enforcement aJency and tKe information is disclosed i to anotKer laZ enforcement aJency in Canada, or ii to a laZ enforcement aJency in a foreiJn country under an arranJement, Zritten aJreement, treaty or leJislative autKority, s so tKat tKe spouse or adult interdependent partner, relative or friend of an inMured, ill or deceased individual may be contacted, t in accordance ZitK u to an e[pert for tKe purposes of section 1 2, v for use in a proceedinJ before a court or quasi-Mudicial bto ZKicK tKe *overnment of Alberta or a public body is a party, Z ZKen disclosure is by tKe Minister of -ustice and Solicito*eneral or an aJent or laZyer of tKe Minister of -ustice and Solicitor *eneral to a place of laZful detention, [ for tKe purpose of manaJinJ or administerinJ personnel of tKe *overnment of Alberta or tKe public body, y to tKe Director of Maintenance Enforcement for tKe purposeof enforcinJ a maintenance order under tKe Maintenance Enforcement Act ] to an officer of tKe /eJislature, if tKe information is necessary for tKe performance of tKe duties of tKat officer, aa for tKe purpose of supervisinJ an individual under tKe control or supervision of a correctional autKority, bb ZKen tKe information is available to tKe public, RSA 2000 Section 40 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT bb.1 if tKe personal information is information of a type routinely disclosed in a business or professional conte[t and tKe disclosure i is limited to an individual’s name and business contact information, includinJ business title, address, telepKone number, facsimile number and e-mail address, and ii does not reveal otKer personal information about tKe individual or personal information about anotKer individual, cc to tKe survivinJ spouse or adult interdependent partner or a relative of a deceased individual if, in tKe opinion of tKe Kead of tKe public body, tKe disclosure is not an unreasonable invasion of tKe deceased’s personal privacy, dd to a laZyer or student-at-laZ actinJ for an inmate under tKe control or supervision of a correctional autKority, ee if tKe Kead of tKe public body believes, on reasonable Jrounds, tKat tKe disclosure Zill avert or minimi]e i a risN of Karm to tKe KealtK or safety of a minor, or ii an imminent danJer to tKe KealtK or safety of any person, ff to tKe Administrator of tKe Motor Vehicle Accident Claims or to an aJent or laZyer of tKe Administrator for tKe purpose of dealinJ ZitK claims under tKat Act, or JJ to a laZ enforcement aJency, an orJani]ation providinJ services to a minor, anotKer public body or any prescribed person or body if tKe information is in respect of a minor or a parent or Juardian of a minor and tKe Kead of tKe public body believes, on reasonable Jrounds, tKat tKe disclosure is in tKe best interests of tKat minor. 2 NotZitKstandinJ subsection 1, a post-secondary educational body may disclose personal information in its alumni records fotKe purpose of fund-raisinJ activities of tKe post-secondary educational body if tKe post-secondary educational body and tKeperson to ZKom tKe information is disclosed Kave entered into aZritten aJreement a tKat alloZs individuals a riJKt of access to personal information tKat is disclosed about tKem under tKis subsection, and RSA 2000 Section 41 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b tKat provides tKat tKe person to ZKom tKe information is disclosed must discontinue usinJ tKe personal information of any individual ZKo so requests. 3 NotZitKstandinJ subsection 1, a post-secondary educational body may, for tKe purpose of assistinJ students in selectinJ courses, disclose teacKinJ and course evaluations tKat Zere completed by students. 4 A public body may disclose personal information only to tKe e[tent necessary to enable tKe public body to carry out tKe purdescribed in subsections 1, 2 and 3 in a reasonable manner. RSA 2000 cF-25 s40 2002 cA-4.5 s3 2003 c21 s11 2006 c1 s6 2011 cC-11.5 s30 2013 cC-12.5 s14 2013 c10 s34 Consistent purposes For tKe purposes of sections 39 1 a and 40 1 c, a use ordisclosure of personal information is consistent ZitK tKe purpofor ZKicK tKe information Zas collected or compiled if tKe use or disclosure a Kas a reasonable and direct connection to tKat purpose, an b is necessary for performinJ tKe statutory duties of, or fooperatinJ a leJally autKori]ed proJram of, tKe public body tKat uses or discloses tKe information. 1994 cF-1.5 s39 1999 c23 s26 Disclosure for researcK or statistical purposes A public body may disclose personal information for a researcK purpose, includinJ s a tKe researcK purpose cannot reasonably be accomplisKed unless tKat information is provided in individually identifiable form or tKe researcK purpose Kas been approved by tKe Commissioner, b any record linNaJe is not Karmful to tKe individuals tKe information is about and tKe benefits to be derived from tKe record linNaJe are clearly in tKe public interest, c tKe Kead of tKe public body Kas approved conditions relatinJ to tKe folloZinJ i security and confidentiality, ii tKe removal or destruction of individual identifiers at tKe earliest reasonable time, and RSA 2000 Section 43 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT iii tKe proKibition of any subsequent use or disclosure of tinformation in individually identifiable form ZitKout tKe e[press autKori]ation of tKat public body, and d tKe person to ZKom tKe information is disclosed Kas siJnedan aJreement to comply ZitK tKe approved conditions, tKis Act and any of tKe public body’s policies and procedures relatinJ to tKe confidentiality of personal information. 1994 cF-1.5 s40 mation in ArcKives Disclosure of information in arcKives 1 TKe Provincial ArcKives of Alberta and tKe arcKives of a public body may disclose a personal information in a record tKat i Kas been in e[istence for 25 years or more if tKe disclosure A Zould not be an unreasonable invasion of personal privacy under section 1, or B is in accordance ZitK section 42, or ii Kas been in e[istens or more b information otKer tKan personal information in a record tKKas been in e[istence for 25 years or more if i tKe disclosure of tKe information Zould not be Karmful to tKe business interests of a tKird party ZitKin tKe meaninJ of section 16, ii tKe disclosure of tKe information Zould not be Karmful to a laZ enforcement matter ZitKin tKe meaninJ of section 20, and iii tKe information is not subMect to any type of leJal privileJe under section 2. iv repealed 2003 c21 s12. RSA 2000 Section 44 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 2 Repealed 2003 c21 s12. RSA 2000 cF-25 s43 2003 c21 s12 Office and PoZers of Information and Privacy Commissioner In tKis Part, ³StandinJ Committee´ means tKe StandinJ 1994 cF-1.5 s42 Appointment of Commissioner 1 TKe /ieutenant *overnor in Council, on tKe recommendation of tKe /eJislative Assembly, must appoint an Information and Privacy Commissioner to carry out tKe duties anfunctions set out in tKis Act. 2 TKe Commissioner is an officer of tKe /eJislature. 3 TKe Commissioner may not be a member of tKe /eJislative Assembly. 1994 cF-1.5 s43 Term of office 1 E[cept as provided for in section 4, tKe Commissioner Kolds office for a term 2 A person KoldinJ office as Commissioner continues to Kold office after tKe e[piry of tKat person’s term of office until tKat person is reappointed, a successor is appointed or a period of montKs Kas e[pired, ZKicKever occurs first. 3 A person is eliJible for reappointment as Commissioner. RSA 2000 cF-25 s46 2003 c21 s13 ResiJnation, removal or suspension of Commissioner 1 TKe Commissioner may resiJn at any time by notifyinJ tKe SpeaNer of tKe /eJislative Assembly or, if tKere tKe SpeaNer is absent from Alberta, by notifyinJ tKe ClerN of tKe /eJislative Assembly. 2 TKe /ieutenant *overnor in Council must remove tKe Commissioner from office or suspend tKe Commissioner for cause or incapacity on tKe recommendation of tKe /eJislative Assembly 3 If tKe /eJislative Assembly is not sittinJ, tKe /ieutenant *overnor in Council may suspend tKe Commissioner for cause or incapacity on tKe recommendation of tKe StandinJ Committee. 1994 cF-1.5 s45 RSA 2000 Section 4 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT ActinJ Commissioner 1 TKe /ieutenant *overnor in Council, on tKe recommendation of tKe StandinJ Committee, may appoint an actinJCommissioner if a tKe office of Commissioner is or becomes vacant ZKen tKe /eJislative Assembly is not sittinJ, b tKe Commissioner is suspended ZKen tKe /eJislative Assembly is not sittinJ, or c tKe Commissioner is removed or suspended or tKe office of tKe Commissioner becomes vacant ZKen tKe /eJislative Assembly is sittinJ, but no recommendation is made by tKe Assembly under section 45 1 before tKe end of tKe session. 2 TKe /ieutenant *overnor in Council may appoint an actinJ Commissioner if tKe Commissioner is temporarily absent because of illness or for anotKer reason. 3 An actinJ Commissioner Kolds office until a a person is appointed under section 45 1, b tKe suspension of tKe Commissioner ends, or c tKe Commissioner returns to office after a temporary absence. 1994 cF-1.5 s46 Remuneration TKe Commissioner must be remunerated as determined by tKe StandinJ Committee, and it must revieZ tKat remuneration at leaonce a year. 1994 cF-1.5 s4 1 Before beJinninJ tKe duties of office, tKe Commissioner must taNe an oatK to faitKfully and impartially perform tKe duties of to disclose any information received by tKe Office of tKe Information and Privacy Commissioner under tKis Ae[cept as provided in tKis Act. 2 TKe oatK must be administered by tKe SpeaNer of tKe /eJislative Assembly or tKe ClerN of tKe /eJislative Assembly. 1994 cF-1.5 s4 Office of tKe Commissioner 1 TKere may be a part of tKe public service of Alberta called tKe Office of tKe Information and Privacy Commissioner consistinJ RSA 2000 Section 51 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT of tKe Commissioner and tKose persons employed pursuant to tKe Public Service Act tKat are necessary to assist tKe Commissioner in carryinJ out tKe Commissioner’s duties and functions under tKis or any otKer enactment. 2 TKe Commissioner may enJaJe tKe services of any persons necessary to assist tKe Commissioner in carryinJ out tKe Commissioner’s duties and functions. 3 On tKe recommendation of tKe Commissioner, tKe StandinJ Committee may order tKat a any reJulation, order or directive made under tKe Financial b any reJulation, order, directive, rule, procedure, direction, allocation, desiJnation or otKer decision under tKe Public , or c any reJulation, order, determination, direction or otKer Public Sector Compensation Transparency Act,does not apply to, or is varied in respect of, tKe Office of tKInformation and Privacy Commissioner or any particular employeeor class of employees in tKe Office. 4 An order made under subsection 3 a operates despite sectio2 of tKe Financial Administration Act 4.1 An order made under subsection 3 c in relation to a reJulation, order, determination, direction or otKer decision under tKe Public Sector Compensation Transparency Act operates notZitKstandinJ tKat Act. 5 TKe Regulations Act does not apply to orders made under subsection 3. 6 TKe cKair of tKe StandinJ Committee must lay a copy of eacK order made under subsection 3 before tKe /eJislative Assemblyit is tKen sittinJ or, if it is not tKen sittinJ, ZitKin 15 days after tKe start of tKe ne[t sittinJ. Every person employed or enJaJed by tKe Office of tKe Information and Privacy Commissioner must, before beJinninJ to perform duties under tKis Act, taNe an oatK, to be administeredtKe Commissioner, not to disclose any information received by tKat person under tKis Act e[cept as provided in tKis Act. RSA 2000 cF-25 s51 2015 cP-40.5 s21 RSA 2000 Section 52 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT FinancinJ of operations 1 TKe Commissioner must submit to tKe StandinJ Committee in respect of eacK fiscal year an estimate of tKe public money tKat Zill be required to be provided by tKe /eJislature to defray tKseveral cKarJes and e[penses of tKe Office of tKe Information and Privacy Commissioner in 2 TKe StandinJ Committee must revieZ eacK estimate submitted pursuant to subsection 1 and, on tKe completion of tKe revieZ, tKe cKair of tKe Committee must transmit tKe estimate to tKe Presidof Treasury Board and Minister of Finance for presentation to tKe /eJislative Assembly. 3 If at any time tKe /eJislative Assembly is not in session tKeStandinJ Committee, or if tKere is no StandinJ Committee, tKe President of Treasury Board and Minister of Finance, a reports tKat tKe Commissioner Kas certified tKat in tKe public interest, an e[penditure of public money is urJently required in respect of any matter pertaininJ to tKe Commissioner’s office, and b reports tKat eitKer i tKere is no supply vote under ZKicK an e[penditure ZitK respect to tKat matter may be made, or ii tKere is a supply vote under ZKicK an e[penditure ZitK respect to tKat matter may be made but tKe autKority available under tKe supply vote is insufficient, tKe /ieutenant *overnor in Council may order a special Zarrant to be prepared to be siJned by tKe /ieutenant *overnor autKori]inJtKe e[penditure of tKe amount estimated to be required. 4 :Ken tKe /eJislative Assembly is adMourned for a period of more tKan 14 days, tKen, for tKe purposes of subsection 3, tKAssembly is deemed not to be in session durinJ tKe period of tKadMournment. 5 :Ken a special Zarrant is prepared and siJned under subsection 3 on tKe basis of a report referred to in subsection 3 b i, tKe autKority to spend tKe amount of money specified in tKe special Zarrant for tKe purpose specified in tKe special Zarrant is deemed to be a supply vote for tKe purposes of tKe Financial for tKe fiscal year in ZKicK tKe special Zarrant is siJned. RSA 2000 Section 53 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 6 :Ken a special Zarrant is prepared and siJned under subsection 3 on tKe basis of a report referred to in subsection 3 b ii, tKe autKority to spend tKe amount of money specified in tKe special Zarrant is, for tKe purposes of tKe Financial , added to and deemed to be part of tKe supply vote to ZKicK tKe report relates. :Ken a special Zarrant Kas been prepared and siJned pursuant to tKis section, tKe amounts autKori]ed by it are deemed to be included in, and not to be in addition to, tKe amounts autKori]tKe Act, not beinJ an Act for interim supply, enacted ne[t aftefor JrantinJ to +er MaMesty sums of money to defray certain e[penditures of tKe Public Service of Alberta. RSA 2000 cF-25 s52 2006 c23 s35 2013 c10 s32 *eneral poZers of Commissioner 1 In addition to tKe Commissioner’s poZers and duties under Part 5 ZitK respect to revieZs, tKe Commissioner is Jenerally responsible for monitorinJ KoZ tKis Act is administered to ensutKat its purposes are acKieved, and may a conduct investiJations to ensure compliance ZitK any provision of tKis Act or compliadestruction of records i set out in any otKer enactment of Alberta, or ii set out in a bylaZ, resolution or otKer leJal instrument by ZKicK a local public body acts or, if a local public body does not Kave a bylaZ, resolution or otKer leJal instrument settinJ out rules related to tKe destruction of records, as autKori]ed by tKe JoverninJ body of a local public body, b maNe an order described in section 2 3 ZKetKer or not a revieZ is requested, c inform tKe public about tKis Act, d receive comments from tKe public concerninJ tKe administration of tKis Act, e enJaJe in or commission researcK into anytKinJ affectinJ tKe acKievement of tKe purposes of tKis Act, f comment on tKe implications for freedom of information or for protection of personal privacy of proposed leJislative scKemes or proJrams of public bodies, RSA 2000 Section 54 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT J comment on tKe implications for protection of personal privacy of usinJ or disclosinJ personal information for record linNaJe, K autKori]e tKe collection of personal information from sources otKer tKan tKe individual tKe information is about, i brinJ to tKe attention of tKe Kead of a public body any failure by tKe public body to assist applicants under section 10, and M Jive advice and recommendations of Jeneral application to tKe Kead of a public body on matters respectinJ tKe riJKts or obliJations of a Kead under tKis Act. 2 :itKout limitinJ subsection 1, tKe Commissioner may investiJate and attempt to resolve complaints tKat a a duty imposed by section 10 Kas not been performed, b an e[tension of time for respondinJ to a request is not inaccordance ZitK c a fee required under tKis Act is inappropriate, d a correction of personal information requested under section 36 1 Kas been refused ZitKout Mustification, and e personal information Kas been collected, used or disclosedby a public body in contravention of Part 2. 1994 cF-1.5 s51 1995 c1 s16 1999 c23 s2 Advice and recommendations 1 TKe Kead of a public body may asN tKe Commissioner to Jive advice and recommendations on any matter respectinJ any riJKts or duties under tKis Act. 2 TKe Commissioner may in ZritinJ provide tKe Kead ZitK advice and recommendations tKat a state tKe material facts eitKer e[pressly or by incorporatfacts stated by tKe Kead, b are based on tKe facts referred to in clause a, and c may be based on any otKer considerations tKe Commissioner considers appropriate. 1994 cF-1.5 s52 RSA 2000 Section 55 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT PoZer to autKori]e a public body to disreJard requests 1 If tKe Kead of a public body asNs, tKe Commissioner may autKori]e tKe public body to disreJard one or more requests under section 1 or 36 1 if a because of tKeir repetitious or systematic nature, tKe requests Zould unreasonably interfere ZitK tKe operations of tKe public body or amount to an abuse of tKe riJKt to maNe tKose requests, or b one or more of tKe requests are frivolous or ve[atious. 2 TKe processinJ of a request under sectioZKen tKe Kead of a public body Kas made a request under subsection 1 and a if tKe Commissioner autKori]es tKe Kead of tKe public bodyto disreJard tKe request, does not resume b if tKe Commissioner does not autKori]e tKpublic body to disreJard tKe request, does not resume until tKe Commissioner advises tKe Kead of tKe public body of tKe Commissioner’s decision. RSA 2000 cF-25 s55 2006 c1 s PoZers of Commissioner in conductinJ investiJations or inquiries 1 In conductinJ an investiJation under section 53 1 a or an inquiry under section 69 or 4.5 or in JivinJ advice and recommendations under section 54, tKe Commissioner Kas all tKe poZers, privileJes and immunities of a commissioner under tKe Public Inquiries Act and tKe poZers Jiven by subsection 2 of tKis section. 2 TKe Commissioner may require any record to be produced to tKe Commissioner and may e[amine any information in a record, includinJ personal information ZKetKer or not tKe record is subto tKe provisions of tKis Act. 3 Despite any otKer enactment or any privileJe of tKe laZ of evidence, a public body must produce to tKe Commissioner ZitKin10 days any record or a copy of any record required under subsection 1 or 2. 4 If a public body is required to produce a record under subsection 1 or 2 and it is not practicable to maNe a copy of tKe record, tKe Kead of tKat public body may require tKe Commissioner to e[amine tKe oriJinal at its site. RSA 2000 Section 5 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 5 After completinJ a revieZ or investiJatinJ a complaint, tKe Commissioner must return any record or any copy of any record produced. RSA 2000 cF-25 s56 2003 c21 s14 Statements made to tKe Commissioner not admissible in evidence 1 A statement made or an ansZer Jiven by a person durinJ an investiJation or inquiry by tKe Commissioner is inadmissible inevidence in court or in any otKer proceedinJ, e[cept a in a prosecution for perMury in respect of sZorn testimony b in a prosecution for an offence under tKis Act, or c in an application for Mudicial revieZ or an appeal from a o tKat application. 2 Subsection 1 applies also in respect of evidence of tKe e[istence of proceedinJs conducted before tKe Commissioner. 1994 cF-1.5 s55 PrivileJed information AnytKinJ said, any information supplied or any record produced by a person durinJ an investiJation or inquiry by tKe Commissioner is privileJed in tKe same manner as if tKe investiJation or inquiry Zere a proceedinJ in a court. 1994 cF-1.5 s56 Restrictions on disclosure of information by tKe Commissioner and staff 1 TKe Commissioner and anyone actinJ for or under tKe direction of tKe Commissioner must not disclose any informationobtained in performinJ tKeir duties, poZers and functions undertKis Act, e[cept as provided in subsections 2 to 5. 2 TKe Commissioner may disclose, or may autKori]e anyone actinJ for or under tKe direction of tKe Commissioner to discloinformation tKat is necessary to a conduct an investiJation or inquiry under tKis Act, or b establisK tKe Jrounds for findinJs and recommendations contained in a report under tKis Act. 3 In conductinJ an investiJation or inquiry under tKis Act and in a report under tKis Act, tKe Commissioner and anyone actinJ for or under tKe direction of tKe Commissioner must taNe every reasonable precaution to avoid disclosinJ and must not disclose RSA 2000 Section 60 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT a any information tKe Kead of a public body Zould be requireor autKori]ed to refuse to disclose if it Zere contained in a record requested under section 1, or b ZKetKer information e[ists, if tKe Kead of a public body irefusinJ to provide access does not indicate ZKetKer tKe information e[ists. 4 TKe Commissioner may disclose to tKe Minister of -ustice and Solicitor *eneral information relatinJ to tKe commission of an offence aJainst an enactment of Alberta or Canada if tKe Commissioner considers tKere is evidence of an offence. 5 TKe Commissioner may disclose, or may autKori]e anyone actinJ for or under tKe direction of tKe Commissioner to discloinformation in tKe course of a prosecution, application or appereferred to in section 5. RSA 2000 cF-25 s59 2013 c10 s34 Protection of Commissioner and staff No proceedinJs lie aJainst tKe Commissioner, or aJainst a person actinJ for or under tKe direction of tKe Commissioner, for anytKinJ done, reported or said in Jood faitK in tKe e[ercise operformance or tKe intended e[ercise or performance of a poZer,duty or function under tKis Part or Part 5. 1994 cF-1.5 s5 DeleJation by tKe Commissioner 1 TKe Commissioner may deleJate to any person any duty, poZer or function of tKe Commissioner under tKis Act e[cept tKepoZer to deleJate. 2 A deleJation under subsection 1 must be in ZritinJ and may contain any conditions or restrictions tKe Commissioner conside1994 cF-1.5 s59 1999 c23 s30 Role of Ombudsman TKe Ombudsman may not investiJate any matter tKat tKe Commissioner Kas tKe poZer to investiJate or revieZ under tKis Act, unless tKe Commissioner aJrees. 1994 cF-1.5 s60 Annual report of Commissioner 1 TKe Commissioner must report annually to tKe SpeaNer of tKe /eJislative Assembly on a tKe ZorN of tKe Commissioner’s office, RSA 2000 Section 64 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b any complaints or revieZs resultinJ from a decision, act ofailure to act of tKe Commissioner as Kead of a public body, c any otKer matters relatinJ to freedom of information and protection of personal privacy tKat tKe Commissioner considers appropriate. 2 TKe SpeaNer must lay eacK annual report before tKe /eJislativAssembly as soon as possible. 1994 cF-1.5 s61 1995 c1 s16 Records manaJement On tKe recommendation of tKe Information and Privacy Commissioner, tKe StandinJ Committee may maNe an order a respectinJ tKe manaJement of records in tKe custody or under tKe control of tKe Office of tKe Information and Privacy Commissioner, includinJ tKeir creation, KandlinJ, control, orJani]ation, retention, maintenance, security, preservation, disposition, alienation and destruction and tKeir transfer to tKe Provincial ArcKives of Alberta b establisKinJ or JoverninJ tKe establisKment of proJrams foany matter referred to in clause a c defininJ and classifyinJ records d respectinJ tKe records or classes of records to ZKicK tKe order or any provision of it applies. 1995 c34 s6 RevieZs and Complaints RevieZs by tKe Commissioner RiJKt to asN for a revieZ 1 A person ZKo maNes a request to tKe Kead of a public body for access to a record or for correction of personal information may asN tKe Commissioner to revieZ any decision, act or failure to of tKe Kead tKat relates to tKe request. 2 A tKird party notified under section 31 of a decision by tKe Kead of a public body to Jive access may asN tKe Commissioner trevieZ tKat decision. RSA 2000 Section 66 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 3 A person ZKo believes tKat tKe person’s oZn personal information Kas been collected, used or disclosed in contravention of Part 2 may asN tKe Commissioner to revieZ tKat matter. 4 TKe survivinJ spouse or adult interdependent partner or a relative of a deceased individual may asN tKe Commissioner to revieZ a decision of a Kead of a public body under section 40 1 cc not to disclose personal information. 5 TKis section does not apply a to a decision, act or failure to act of tKe Commissioner ZKen actinJ as tKe Kead of tKe Office of tKe Information and Privacy Commissioner, b to a decision by tKe SpeaNer of tKe /eJislative Assembly tKat a record is subMect to parliamentary privileJe, or c if tKe person ZKo is appointed as tKe Commissioner is, at same time, appointed as any otKer officer of tKe /eJislature, to a decision, act or failure to act of tKat person ZKen actinJas tKe Kead of tKat office. RSA 2000 cF-25 s65 2002 cA-4.5 s3 +oZ to asN for a revieZ 1 To asN for a revieZ under tKis Division, a Zritten request must be delivered to tKe Commissioner. 2 A request for a revieZ of a decision of tKe Kead of a public body must be delivered to tKe Commissioner a if tKe request is pursuant to section 65 1, 3 or 4, ZitKin i 60 days after tKe person asNinJ for tKe revieZ is notifiedof tKe decision, or ii any lonJer period alloZed by tKe Commissioner, or b if tKe request is pursuant to section 65 2, ZitKin 20 dayafter tKe person asNinJ for tKe revieZ is notified of tKe 3 TKe failure of tKe Kead of a public body to respond in time trequest for access to a record is to be treated ao refuse access, but tKe time limit in subsection 2 a for deliverinJ request for revieZ does not apply. 1994 cF-1.5 s63 1999 c23 s32 RSA 2000 Section 6 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT NotifyinJ otKers of revieZ 1 On receivinJ a request for a revieZ, tKe Commissioner must as soon as practicable a Jive a copy of tKe request i to tKe Kead of tKe public body concerned, and ii to any otKer person ZKo in tKe opinion of tKe Commissioner is affected by tKe request, and b provide a summary of tKe revieZ procedures and an anticipated date for a decision on tKe revieZ i to tKe person ZKo asNed for tKe revieZ, ii to tKe Kead of tKe public body concerned, and iii to any otKer person ZKo in tKe opinion of tKe Commissioner is affected by tKe request. 2 Despite subsection 1 a, tKe Commissioner may sever any information in tKe request tKat tKe Commissioner considers appropriate before JivinJ a copy of tKe request to tKe Kead of tKe public body or any otKer person affected by tKe request. 1994 cF-1.5 s64 1999 c23 s33 Mediation may be autKori]ed TKe Commissioner may autKori]e a mediator to investiJate and try to settle any matter tKat is tKe subMect of a request for a revieZ. 1994 cF-1.5 s65 Inquiry by Commissioner 1 Unless section 0 applies, if a matter is not settled under section 6, tKe Commissioner must conduct an inquiry and may decide all questions of fact and laZ arisinJ in tKe course of tinquiry. 2 An inquiry under subsection 1 may be conducted in private. 3 TKe person ZKo asNed for tKe revieZ, tKe Kead of tKe public body concerned and any otKer person Jiven a copy of tKe requestfor tKe revieZ must be Jiven an opportunity to maNe representations to tKe Commissioner durinJ tKe inquiry, but no one is entitled to be present durinJ, to Kave access to or to comment on representations made to tKe Commissioner by anotKer person. RSA 2000 Section 0 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 4 TKe Commissioner may decide ZKetKer tKe representations are to be made orally or in ZritinJ. 5 TKe person ZKo asNed for tKe revieZ, tKe Kead of tKe public body concerned and any otKer person Jiven a copy of tKe requestfor tKe revieZ may be represented at tKe inquiry by counsel or 6 An inquiry under tKis section must be completed ZitKin 90 days after receivinJ tKe request for tKe revieZ unless tKe Commissioner a notifies tKe person ZKo asNed for tKe revieZ, tKe Kead of tKe public body concerned and any otKer person Jiven a copy of tKe request for tKe revieZ tKat tKe Commissioner is e[tendinJ tKat period, and b provides an anticipated date for tKe completion of tKe revieZ. 1994 cF-1.5 s66 1999 c23 s34 Refusal to conduct inquiry TKe Commissioner may refuse to conduct an inquiry pursuant to section 69 if in tKe opinion of tKe Commissioner a tKe subMect-matter of a request for a revieZ under sectionKas been dealt ZitK in an order or investiJation report of tKe Commissioner, or b tKe circumstances Zarrant refusinJ to conduct an inquiry. RSA 2000 cF-25 s0 2003 c21 s15 1 If tKe inquiry relates to a decision to refuse an applicant access to all or part of a record, it is up to tKe Kead of tKe public body to prove tKat tKe applicant Kas no riJKt of access to tKe record or part of tKe record. 2 Despite subsection 1, if tKe record or part of tKe record tKat tKe applicant is refused access to contains personal informatioabout a tKird party, it is up to tKe applicant to prove tKat diof tKe information Zould not be an unreasonable invasion of tKetKird party’s personal privacy. 3 If tKe inquiry relates to a decision to Jive an applicant accall or part of a record containinJ information about a tKird party, a in tKe case of personal information, it is up to tKe applito prove tKat disclosure of tKe information Zould not be an RSA 2000 Section 2 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT unreasonable invasion of tKe tKird party’s personal privacy, b in any otKer case, it is up to tKe tKird party to prove tKapplicant Kas no riJKt of access to tKe record or part of tKe 1994 cF-1.5 s6 Commissioners orders 1 On completinJ an inquiry under section 69, tKe Commissioner must dispose of tKe issues by maNinJ an order undetKis section. 2 If tKe inquiry relates to a decision to Jive or to refuse to Jive access to all or part of a record, tKe Commissioner may, by order, do tKe folloZinJ a require tKe Kead to Jive tKe applicant access to all or part of tKe record, if tKe Commissioner determines tKat tKe Kead is not autKori]ed or required to refuse access b eitKer confirm tKe decision of tKe Kead or require tKe Kead to reconsider it, if tKe Commissioner determines tKat tKe Kead is autKori]ed to refuse access c require tKe Kead to refuse access to all or part of tKe reif tKe Commissioner determines tKat tKe Kead is required to refuse access. 3 If tKe inquiry relates to any otKer matter, tKe Commissioner may, by order, do one or more of tKe folloZinJ a require tKat a duty imposed by tKis Act or tKe reJulationsperformed b confirm or reduce tKe e[tension of a time limit under section 14 c confirm or reduce a fee or order a refund, in tKe appropricircumstances, includinJ if a time limit is not met d confirm a decision not to correct personal information or specify KoZ personal information is to be corrected e require a public body to stop collectinJ, usinJ or disclosinJ personal information in contravention of Part 2 f require tKe Kead of a public body to destroy personal information collected in contravention of tKis Act. RSA 2000 Section 3 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 4 TKe Commissioner may specify any terms or conditions in an order made under tKis section. 5 TKe Commissioner must Jive a copy of an order made under tKis section a to tKe person ZKo asNed for tKe revieZ, b to tKe Kead of tKe public body concerned, c to any otKer person Jiven a copy of tKe request for tKe revieZ, and d to tKe Minister. 6 A copy of an order made by tKe Commissioner under tKis section may be filed ZitK a clerN of tKe Court of Queen’s BencKand, after filinJ, tKe order is enforceable as a MudJment or order of tKat Court. 1994 cF-1.5 s6 No appeal An order made by tKe Commissioner under tKis Act is final. 1994 cF-1.5 s69 Duty to comply ZitK orders 1 SubMect to subsection 2, not later tKan 50 days after beinJJiven a copy of an order of tKe Commissioner, tKe Kead of a pubbody concerned must comply ZitK tKe order. 2 TKe Kead of a public body must not taNe any steps to comply ZitK a Commissioner’s order until tKe period for brinJinJ an application for Mudicial revieZ under subsection 3 ends. 3 An application for Mudicial revieZ of a Commissioner’s order must be made not later tKan 45 days after tKe person maNinJ tKeapplication is Jiven a copy of tKe order. 4 If an application for Mudicial revieZ is made pursuant to subsection 3, tKe Commissioner’s order is stayed until tKe application is dealt ZitK by tKe Court. 5 Despite subsection 3, tKe Court may, on application made eitKer before or after tKe e[piry of tKe period referred to in subsection 3, e[tend tKat period if it considers it appropriate to do 1994 cF-1.5 s0 1999 c23 s36 RSA 2000 Section 4.1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT RevieZs of Decisions of tKe ReJistrar Definitions In tKis Division, a ³personal drivinJ and motor veKicle information´ means personal drivinJ and motor veKicle information as defined in section 1 of tKe Traffic Safety Act b ³ReJistrar´ means tKe ReJistrar of Motor VeKicle Services.2003 c21 s16 RiJKt to asN for a revieZ 1 Despite section 4 1 l ii, if a person maNes a request to tKe ReJistrar for access to personal drivinJ and motor veKicle information and a nod in accordance ZitK tKe reJulations made under section of tKe Traffic Safety Act,Commissioner may revieZ tKe ReJistrar’s decision as set out in tKe notification. 2 TKe folloZinJ may asN tKe Commissioner to revieZ a decision of tKe ReJistrar tKat is set out in a notification referred to subsection 1 a an individual ZKo believes tKat tKe individual’s oZn personal drivinJ and motor veKicle information may be released as a result of tKe ReJistrar’s decision b tKe person ZKo made tKe request to tKe ReJistrar for accesto personal drivinJ and motor veKicle information. 2003 c21 s16 +oZ to asN for a revieZ 1 To asN for a revieZ under tKis Division, a Zritten request must be delivered to tKe Commissioner. 2 A request for a revieZ under tKis Division must be delivered to tKe Commissioner ZitKin 60 days after tKe date tKe notificationtKe decision Zas publisKed in accordance ZitK tKe reJulations under section of tKe Traffic Safety Act2003 c21 s16 NotifyinJ otKers of revieZ 1 On receivinJ a request for a revieZ, tKe Commissioner must as soon as practicable a Jive a copy of tKe request RSA 2000 Section 4.5 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT i to tKe ReJistrar, and ii to any person tKe Commissioner considers appropriate, and b provide a summary of tKe revieZ procedures and an anticipated date for a decision on tKe revieZ i to tKe person ZKo asNed for tKe revieZ, ii to tKe ReJistrar, and iii to any person tKe Commissioner considers appropriate. 2 Despite subsection 1 a, tKe Commissioner may sever any information in tKe request tKat tKe Commissioner considers appropriate before JivinJ a copy of tKe request to tKe ReJistrar or a person referred to in subsection 1 a ii. 2003 c21 s16 Inquiry by Commissioner 1 Unless section 4.6 applies tKe Commissioner must conduct an inquiry and may decide all questions of fact and laZarisinJ in tKe course of tKe inquiry. 2 An inquiry under subsection 1 may be conducted in private. 3 TKe person ZKo asNed for tKe revieZ, tKe ReJistrar and any otKer person Jiven a copy of tKe request for tKe revieZ must beJiven an opportunity to maNe representations to tKe CommissionedurinJ tKe inquiry, but no one is entitled to be present durinJKave access to or to comment on representations made to tKe Commissioner by anotKer person. 4 TKe Commissioner may decide ZKetKer tKe representations are to be made orally or in ZritinJ. 5 TKe person ZKo asNed for tKe revieZ, tKe ReJistrar and any otKer person Jiven a copy of tKe request for tKe revieZ may be represented at tKe inquiry by counsel or an aJent. 6 An inquiry under tKis section must be completed ZitKin 90 days after receivinJ tKe request for tKe revieZ unless tKe Commissioner a notifies tKe person ZKo asNed for tKe revieZ, tKe ReJistraand any otKer person Jiven a copy of tKe request for tKe revieZ tKat tKe Commissioner is e[tendinJ tKat period, and RSA 2000 Section 4.6 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b provides an anticipated date for tKe completion of tKe revieZ. 2003 c21 s16 Refusal to conduct inquiry TKe Commissioner may refuse to conduct an inquiry pursuant to section 4.5 if in tKe opinion of tKe Commissioner a tKe subMect-matter of tKe request for a revieZ Kas been deZitK in an order of tKe Commissioner, or b tKe circumstances Zarrant refusinJ to conduct an inquiry. 2003 c21 s16 Commissioner’s orders 1 On completinJ an inquiry under section 4.5, tKe Commissioner must dispose of tKe issues by maNinJ an order undetKis section. 2 TKe Commissioner may, by order, do tKe folloZinJ a require tKe ReJistrar to Jive tKe person ZKo made tKe request access to all or part of tKe personal drivinJ and motor veKicle information to ZKicK access Zas requested if tKe Commissioner determines tKat tKe ReJistrar is not autKori]ed to refuse access under tKe reJulations made under section of tKe Traffic Safety Act b eitKer confirm tKe decision of tKe ReJistrar or require tKReJistrar to reconsider it if tKe Commissioner determines tKat tKe ReJistrar is autKori]ed to refuse access under tKe reJulations made under section of tKe Traffic Safety Act c require tKe ReJistrar to refuse access to all or part of tpersonal drivinJ and motor veKicle information if tKe Commissioner determines tKat tKe ReJistrar is required under tKe reJulations made under section of tKe Traffic to refuse access. 3 TKe Commissioner may specify any terms or conditions in an order made under tKis section. 4 TKe Commissioner must Jive a copy of an order made under tKis section a to tKe person ZKo asNed for tKe revieZ, b to tKe ReJistrar, RSA 2000 Section 4. CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT c to any otKer person Jiven a copy of tKe request for tKe revieZ, d to tKe Minister, and e to tKe Minister desiJnated under section 16 of tKe Government Organization Act as tKe Minister responsible for tKe Traffic Safety Act 5 A copy of an order made by tKe Commissioner under tKis section may be filed ZitK a clerN of tKe Court of Queen’s BencKand, after filinJ, tKe order is enforceable as a MudJment or order of tKat Court. 2003 c21 s16 No appeal An order made by tKe Commissioner under tKis Division is final. 2003 c21 s16 Duty to comply ZitK orders 1 SubMect to subsection 2, not later tKan 50 days after beinJ Jiven a copy of an order of tKe Commissioner, tKe ReJistrmust comply ZitK tKe order. 2 TKe ReJistrar must not taNe any steps to comply ZitK a Commissioner’s order until tKe period for brinJinJ an applicatifor Mudicial revieZ under subsection 3 ends. 3 An application for Mudicial revieZ of a Commissioner’s order must be made not later tKan 45 days after tKe person maNinJ tKeapplication is Jiven a copy of tKe order. 4 If an application for Mudicial revieZ is made pursuant to subsection 3, tKe Commissioner’s order is stayed until tKe application is dealt ZitK by tKe Court. 5 Despite subsection 3, tKe Court may, on application made eitKer before or after tKe e[piry of tKe period referred to in subsection 3, e[tend tKat period if it considers it appropriate to do 2003 c21 s16 Application of otKer sections Sections 53 1 a and 54 and Division 1 do not apply to a revieZ under tKis Division. 2003 c21 s16 RSA 2000 Section 5 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT Complaints About and RevieZs of as +ead of a Public Body AdMudicator to investiJate complaints and revieZ decisions 1 TKe /ieutenant *overnor in Council may desiJnate a MudJe of tKe Court of Queen’s BencK of Alberta to act as an adMudicator a to investiJate complaints made aJainst tKe Commissioner astKe Kead of tKe Office of tKe Information and Privacy Commissioner ZitK respect to any matter referred to in section 53 2, b if tKe person ZKo is appointed as tKe Commissioner is, at same time, appointed as any otKer officer of tKe /eJislature, to investiJate complaints respectinJ any matter referred to in section 53 2 made aJainst tKat person ZKen actinJ as tKe Kead of tKat office, c to investiJate complaints respectinJ any matter referred to in section 53 2 made aJainst a Kead of a public body and tKe Commissioner Kad been a member, employee or Kead of tKat public body or, in tKe Commissioner’s opinion, tKe Commissioner Kas a conflict ZitK respect to tKat public body, d to revieZ, if requested under section , a decision, act or failure to act of a Kead of a public body and tKe Commissioner Kad been a member, employee or Kead of tKat public body or, in tKe Commissioner’s opinion, tKe Commissioner Kas a conflict ZitK respect to tKat public body, e to revieZ, if requested under section , any decision, acfailure to act of tKe Commissioner as tKe Kead of tKe Office of tKe Information and Privacy Commissioner, and f if tKe person ZKo is appointed as tKe Commissioner is, at same time, appointed as any otKer officer of tKe /eJislature, to revieZ, if requested under section , any decision, act or failure to act of tKat person ZKen actinJ as tKe Kead of tKat 2 An adMudicator must not revieZ an order of tKe Commissioner made under tKis Act. RSA 2000 Section 6 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 3 An adMudicator may retain tKe services of any persons necessary to assist in performinJ tKe adMudicator’s functions under tKis Act. 4 TKe *overnment of Alberta may pay out of tKe *eneral Revenue Fund a to an adMudicator, tKe e[penses a MudJe is entitled to receive under section 5 3 of tKe Judges Act Canada ZKile actinJ as an adMudicator, and b to a person ZKose services are retained under subsection 3, remuneration for tKose services. 1994 cF-1.5 s1 1995 c1 s14 1995 c34 s6 1999 c23 s3 PoZers, duties and protections of adMudicator 1 For tKe purposes of section 5, an adMudicator Kas tKe poZers, duties and functions Jiven to tKe Commissioner by sections 53 2 a to d, 55, 56 and 59 1, 2 a and 3 to 5. 2 Sections 5, 5, 60 and 62 apply for tKe purposes of an investiJation, inquiry or revieZ by an adMudicator. 1994 cF-1.5 s2 RiJKt to asN for a revieZ 1 TKis section applies a to a decision, act or failure to act of tKe Commissioner ZKen actinJ as tKe Kead of tKe Office of tKe Information and Privacy Commissioner, and b if tKe person ZKo is appointed as tKe Commissioner is, at same time, appointed as any otKer officer of tKe /eJislature, to a decision, act or failure to act of tKat person ZKen actinJas tKe Kead of tKat office. 2 A person ZKo maNes a request to tKe Commissioner for access to a record or for correction of personal information may asN aadMudicator to revieZ any decision, act or failure to act of tK 3 A tKird party notified under section 31 of a decision by tKe Commissioner to Jive access may asN an adMudicator to revieZ tK 4 A person ZKo believes tKat tKe person’s oZn personal information Kas been collected, used or disclosed in contravention of Part 2 may asN an adMudicator to revieZ tKat matter. 1994 cF-1.5 s3 1995 c1 s15 RSA 2000 Section CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT RevieZ ZKere Commissioner in conflict 1 TKis section applies ZKere tKe Commissioner is asNed under section 65 1, 2, 3 or 4 to revieZ a decision, act or faiublic body and tKe Commissioner Kad been a member, employee or Kead of tKat public body or, in tKe Commissioner’s opinion, tKe Commissioner Kas a conflict ZitK respect to tKat public body. 2 A person ZKo maNes a request to tKe Kead of a public body foraccess to a record or for correction of personal information may asN an adMudicator to revieZ any decision, act or failure to act of tKe Kead of tKe public body tKat relates to tKe request. 3 A tKird party notified under section 31 of a decision by tKe Kead of a public body to Jive access may asN an adMudicator to revieZ tKat decision. 4 A person ZKo believes tKat tKe person’s oZn personal information Kas been collected, used or disclosed in contravention of Part 2 may asN an adMudicator to revieZ tKat matter. 1995 c34 s6 1999 c23 s3 +oZ to asN for a revieZ 1 To asN for a revieZ under tKis Division, a Zritten request must be delivered to tKe Minister. 2 A request for a revieZ of a decision must be delivered a if tKe request is pursuant to section 65 1, 3 or 4, ZitKin i 60 days after tKe person asNinJ for tKe revieZ is notifiedof tKe decision, or ii any lonJer period alloZed by tKe adMudicator, or b if tKe request is pursuant to section 65 2, ZitKin 20 dayafter tKe person asNinJ for tKe revieZ is notified of tKe 1994 cF-1.5 s4 1995 c34 s6 1999 c23 s39 NotifyinJ otKers of revieZ On receivinJ a request for a revieZ, tKe Minister must as soon as practicable a Jive tKe request to an adMudicator, b Jive a copy of tKe request RSA 2000 Section 1 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT i to tKe Commissioner, and ii to any otKer person ZKo in tKe opinion of tKe Minister isaffected by tKe request, and c provide a summary of tKe revieZ procedures i to tKe person ZKo asNed for tKe revieZ, ii to tKe Commissioner, and iii to any otKer person ZKo in tKe opinion of tKe Minister iaffected by tKe request. 1994 cF-1.5 s5 Conduct and outcome of tKe revieZ 1 An adMudicator Kas tKe poZers and duties Jiven to tKe Commissioner by sections 6 and 69 1 and 2, and sections 69 3 to 6 and 1 apply to an inquiry conducted by an adMudicator. 2 On completinJ an inquiry, an adMudicator Kas tKe same duty todispose of tKe issues, tKe same poZer to maNe orders and tKe same duty to notify otKers of tKose orders as tKe Commissioner Kas under section 2 1 to 5. 3 An adMudicator must Jive a copy of an order made by tKe adMudicator under tKis Act to tKe Commissioner. 4 A copy of an order made by an adMudicator under tKis section may be filed ZitK a clerN of tKe Court of Queen’s BencK and, affilinJ, tKe order is enforceable as a MudJment or order of tKat Court. 5 Section 4 applies to an order of an adMudicator. 6 An order made by an adMudicator under tKis Act is final. RSA 2000 cF-25 s1 RSA 2000 c+-5 s114 Disclosure to Commissioner 1 An employee of a public body may disclose to tKe Commissioner any information tKat tKe employee is required to Neep confidential and tKat tKe employee, actinJ in Jood faitK, believes a ouJKt to be disclosed by a Kead under section 32, or RSA 2000 Section 3 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT b is beinJ collected, used or disclosed in contravention of Part 2. 2 TKe Commissioner must investiJate and revieZ any disclosure made under subsection 1. 3 If an employee maNes a disclosure under subsection 1, tKe Commissioner must not disclose tKe identity of tKe employee to any person ZitKout tKe employee’s consent. 4 An employee is not liable to a prosecution for an offence under any Act a for copyinJ a record or disclosinJ it to tKe Commissioner, or b for disclosinJ information to tKe Commissioner unless tKe employee acted in bad faitK. 5 A public body or person actinJ on beKalf of a public body musnot taNe any adverse employment action aJainst an employee because tKe employee, actinJ in J a Kas disclosed information to tKe Commissioner under tKis section, or b Kas e[ercised or may e[erci 6 A person ZKo contravenes subsection 5 is Juilty of an offence and liable to a fine of not more tKan $10 000. In carryinJ out an investiJation and revieZ under tKis sectiotKe Commissioner Kas all of tKe poZers and duties set out in sections 56, 59, 6, 69 and 2 1 to 5, and sections 5, 5, 60 and 62 apply. RSA 2000 cF-25 s2 RSA 2000 c+-5 s114 Manner of JivinJ notice 1 :Kere tKis Act requires any notice or otKer document to be Jiven to a person, it is to be Jiven a by sendinJ it to tKat person by prepaid mail to tKe last NnoZn address of tKat person, b by personal service, RSA 2000 Section 4 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT c by substitutional service if so autKori]ed by tKe Commissioner, d by facsimile telecommunication, or e in electronic form otKer tKan facsimile telecommunication tKe person to ZKom tKe notice or document is to be Jiven Kas consented to accept tKe notice or document in tKat form. 2 For tKe purposes of subsection 1 e, ZKetKer a person Kas consented may be determined in accordance ZitK section 2 of tKe Electronic Transactions Act. RSA 2000 cF-25 s3 2003 c21 s1 E[ercise of riJKts by otKer persons 1 Any riJKt or poZer conferred on an individual by tKis Act may be e[ercised a if tKe individual is deceased, by tKe individual’s personarepresentative if tKe e[ercise of tKe riJKt or poZer relates totKe administration of tKe individual’s estate, b if a Juardian or trustee Kas been appointed for tKe individual under tKe Adult Guardianship and Trusteeship Act, by tKe Juardian or trustee if tKe e[ercise of tKe riJKt or poZer relates to tKe poZers and duties of tKe Juardian or trustee, c if an aJent Kas been desiJnated under a personal directiveunder tKe Personal Directives Act, by tKe aJent under tKe autKority of tKe directive if tKe directive so autKori]es, d if a poZer of attorney Kas been Jranted by tKe individual,tKe attorney if tKe e[ercise of tKe riJKt or poZer relates to tKe poZers and duties of tKe attorney conferred by tKe poZer of attorney, e if tKe individual is a minor, by a Juardian of tKe minor icircumstances ZKere, in tKe opinion of tKe public body concerned, tKe e[ercise of tKe riJKt or poZer by tKe Juardian Zould not constitute an unreasonable invasion of tKe personal privacy of tKe minor, or f by any person ZitK Zritten autKori]ation from tKe individuto act on tKe individual’s beKalf. 2 Any notice required to be Jiven to an individual under tKis Amay be Jiven to tKe person entitled to e[ercise tKe individual’riJKts or poZers referred to in subsection 1. RSA 2000 cF-25 s4 200 cA-4.2 s130 RSA 2000 Section 5 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT DeleJation by tKe Kead of a public body 1 TKe Kead of a public body may deleJate to any person any duty, poZer or function of tKe Kead under tKis Act, e[cept tKe poZer to deleJate under tKis section. 2 A deleJation under subsection 1 must be in ZritinJ and may contain any conditions or restrictions tKe Kead of tKe public body considers appropriate. 1994 cF-1.5 s0 Annual report of Minister TKe Minister must prepare an annual report about tKe operation of tKis Act and lay tKe report before tKe /eJislativeAssembly. 1994 cF-1.5 s1 Directory of public bodies 1 TKe Minister must publisK, in printed or electronic form, a directory to assist in identifyinJ and locatinJ records. 2 TKe directory must list eacK public body and include for eacKpublic body a tKe name and business contact information of tKe individuatKat is tKe public body’s contact person for matters relatinJ to tKe administration of tKis Act, or b if tKe public body does not Kave a contact person for mattrelatinJ to tKe administration of tKis Act, tKe name and business contact information of tKe Kead of tKe public body. RSA 2000 cF-25 s 2003 c21 s1 Directory of personal information banNs 1 TKe Kead of a public body must publisK a directory, in printed or electronic form, tKat lists tKe public body’s personinformation banNs. 2 TKe directory must include, for eacK personal information banN, tKe folloZinJ a tKe title and location of tKe personal information banN b a description of tKe Nind of personal information and tKe cateJories of individuals ZKose personal information is included c tKe autKority for collectinJ tKe personal information RSA 2000 Section CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT d tKe purposes for ZKicK tKe personal information Zas collected or compiled and tKe purposes for ZKicK it is used 3 If personal information is used or disclosed by a public bodyfor a purpose tKat is not included in tKe directory publisKed under subsection 1, tKe Kead of tKe public body must a Neep a record of tKe purpose and eitKer attacK or linN tKarecord to tKe personal information, and b ensure tKat tKe purpose is included in tKe ne[t publicatiotKe directory. 4 TKe Kead of a public body must ensure tKat tKe directory referred to in subsection 1 is Nept as current as is practicable, and tKat access to tKe directory is available to tKe public at an otKe public body. 5 In tKis section, ³personal information banN´ means a collectiof personal information tKat is orJani]ed or retrievable by tKe name of an individual or by an identifyinJ number, symbol or otKer particular assiJned to an individual. 2003 c21 s1 Records available ZitKout request 1 TKe Kead of a public body may stKat are in tKe custody or under tKe control of tKe public body public ZitKout a retKis Act. 2 TKe Kead of a public body may require a person ZKo asNs for acopy of an available record to pay a fee to tKe public body, unsucK a record can otKerZise be accessed ZitKout a fee. 3 Subsection 1 does not limit tKe discretion of tKe *overnmenof Alberta or a public body to release records tKat do not contpersonal information. 1994 cF-1.5 s3 Access to manuals 1 TKe Kead of every public body must provide facilities at a tKe Keadquarters of tKe public body, and b any offices of tKe public body tKat, in tKe opinion of tKeKead, are reasonaZKere tKe public may inspect any manual, KandbooN or otKer Juideline used in decision-maNinJ processes tKat affect tKe pub RSA 2000 Section 90 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT by employees of tKe public body in administerinJ or carryinJ ouproJrams or activities of tKe public body. 2 Any information in a record tKat tKe Kead of a public body Zould be autKori]ed to refuse to Jive access to pursuant to tKimay be e[cluded from tKe manuals, KandbooNs or Juidelines tKat may be inspected pursuant to subsection 1. RSA 2000 cF-25 s9 2003 c21 s19 Protection of public body from leJal suit no proceedinJ may be brouJKt aJainst tKe CroZn, a public body, tKe Kead of a public body, an elected offof a local public body or any person actinJ for or under tKe direction of tKe Kead of a public body for damaJes resultinJ from a tKe disclosure of or failure to disclose, in Jood faitK, apart of a record or information under tKis Act or any consequences of tKat disclosure or failure to disclose, or b tKe failure to Jive a notice required under tKis Act if reasonable care is taNen to Jive tKe required notice. 1994 cF-1.5 s5 Protection of employee 1 A public body or person actinJ on beKalf of a public body must not taNe any adverse employment action aJainst an employeeas a result of tKe employee properly disclosinJ information in accordance ZitK tKis Act. 2 A person ZKo contravenes subsection 1 is Juilty of an offence and liable to a fine of not more tKan $10 000. 1999 c23 s41 Offences and penalties 1 A person must not Zilfully a collect, use or disclose personal information in contravention of Part 2, b attempt to Jain or Jain access to personal information in contravention of tKis Act, c maNe a false statement to, or mislead or attempt to mislead, tKe Commissioner or anotKer person in tKe performance of tKe duties, poZers or functions of tKe Commissioner or otKer person under tKis Act, d obstruct tKe Commissioner or anotKer person in tKe performance of tKe duties, poZers or functions of tKe Commissioner or otKer person under tKis Act, RSA 2000 Section 93 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT e alter, falsify or conceal any record, or direct anotKer person to do so, ZitK tKe intent to evade a request for access to tKe f fail to comply ZitK an order made by tKe Commissioner under section 2 or by an adMudicator under section 1 2, or J destroy any records subMect to tKis Act, or direct anotKerperson to do so, ZitK tKe intent to evade a request for access to tKe records. 2 A person ZKo contravenes subsection 1 is Juilty of an offence and liable to a fine of not more tKan $10 000. 3 A person must not Zilfully disclose personal information to ZKicK tKis Act applies pursuant to a subpoena, Zarrant or orderissued or made by a court, person or body KavinJ no Murisdiction in Alberta to compel tKe production of information or pursuant to rule of court tKat is not bindinJ in Alberta. 4 A person ZKo contravenes subsection 3 is Juilty of an offence and liable a in tKe case of an individual, to a fine of not less tKan $2000 and not more tKan $10 000, and b in tKe case of any otKer person, to a fine of not less tKa$200 000 and not more tKan $500 000. 5 A prosecution under tKis Act may be commenced ZitKin 2 years after tKe commission of tKe alleJed offence, but not afterZards. RSA 2000 cF-25 s92 RSA 2000 c+-5 s114 2006 c1 s Fees 1 TKe Kead of a public body may require an applicant to pay to tKe public body fees for services as provided for in tKe reJulations. 2 Subsection 1 does not apply to a request for tKe applicant’oZn personal information, e[cept for tKe cost of producinJ tKe copy. 3 If an applicant is required subsection 1, tKe public body must Jive tKe applicant an estimate of tKe total fee before providinJ tKe services. 3.1 An applicant may, in ZritinJ, request tKat tKe Kead of a public body e[cuse tKe applicant from payinJ all or part of a fee for services under subsection 1. RSA 2000 Section 94 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 4 TKe Kead of a public body may e[cuse tKe applicant from payinJ all or part of a fee if, in tKe opinion of tKe Kead, a tKe applicant cannot afford tKe payment or for any otKer reason it is fair to e[cuse payment, or b tKe record relates to a matter of public interest, includinJ tKe environment or public KealtK or safety. 4.1 If an applicant Kas, under subsection 3.1, requested tKe Keof a public body to e[cuse tKe applicant from payinJ all or parfee, tKe Kead must Jive Zritten notice of tKe Kead’s decision tJrant or refuse tKe request to tKe applicant ZitKin 30 days aftreceivinJ tKe request. 5 If tKe Kead of a public body refuses an applicant’s request under subsection 3.1, tKe notice referred to in subsection 4.1 must state tKat tKe applicant may asN for a revieZ under Part 5 6 TKe fees referred to in subsection 1 must not e[ceed tKe RSA 2000 cF-25 s93 2003 c21 s20 PoZer to maNe reJulations 1 TKe /ieutenant *overnor in Council may maNe reJulations a desiJnatinJ aJencies, boards, commissions, corporations, offices or otKer bodies as public bodies b respectinJ tKe establisKment of criteria to be used for desiJnatinJ aJencies, boards, commissions, corporations, offices or otKer bodies as public bodies c respectinJ procedures to be folloZed in maNinJ, transferrinJ and respondinJ to requests under tKis Act d respectinJ procedures to ivinJ access ZKeran applicant Kas asNed to e[amine a record or for a copy of a record tKat cannot reasonably be reproduced e respectinJ tKe maNinJ of requests under tKis Act orally instead of in ZritinJ f respectinJ standards to be observed by officers or employees of a public body in fulfillinJ tKe duty to assist applicants J autKori]inJ tKe disclosure of information relatinJ to tKe mental or pKysical KealtK of individuals to medical or otKer e[perts to determine, for tKe purposes of section 1 2, if RSA 2000 Section 94 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT disclosure of tKat information could reasonably be e[pected to result in immediate and Jrave Karm to tKe safety of or tKe mental or pKysical KealtK of tKose individuals K respectinJ procedures to be folloZed or restrictions considered necessary ZitK respect to tKe disclosure and e[amination of information referred to in clause J i respectinJ special procedures for JivinJ individuals accesto personal information about tKeir mental or pKysical KealtK M respectinJ tecKnical standards and safeJuards to be observed for tKe security and protection of personal information N respectinJ standards to be observed and procedures to be folloZed by a public body implementinJ a proJram for data matcKinJ, data sKarinJ or data linNaJe l respectinJ tKe manner of JivinJ consent for tKe purposes osections 1 2 a, 39 1 b and 40 1 d m prescribinJ persons to ZKom a public body may disclose personal information for audit purposes m.1 prescribinJ persons or bodies for tKe purposes of sectio40 1 JJ n autKori]inJ, for tKe purposes of section 23 1 b, a localpublic body to Kold meetinJs of its elected officials, or of itJoverninJ body or a committee of its JoverninJ body, to consider specified matters in tKe absence of tKe public unless anotKer Act i e[pressly autKori]es tKe local public body to Kold meetinJs of its elected officials, or of its JoverninJ body or a committee of its JoverninJ body in tKe absence of tKe public, and ii specifies tKe matters tKat may be discussed at tKose meetinJs o respectinJ fees to be paid under tKis Act and providinJ focircumstances ZKen fees may be Zaived in ZKole or in part p respectinJ forms for tKe purposes of tKis Act q respectinJ any matter tKat is to be included in a notice required by tKis Act RSA 2000 Section 94 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT r defininJ, enlarJinJ or restrictinJ tKe meaninJ of any termused in tKis Act but not defined in tKis Act s requirinJ public bodies to provide to tKe Minister information tKat relates to tKe administration of tKis Act or irequired for preparinJ tKe Minister’s annual report or tKe directory referred to in section t e[emptinJ any public body or class of public body from tKeoperation of a reJulation made under tKis subsection u providinJ tKat otKer Acts or reJulations, or any provisions of tKem, prevail despite tKis Act v respectinJ any otKer matter or tKinJ tKat tKe /ieutenant *overnor in Council considers necessary to carry out tKe intent of tKis Act. 2 TKe /ieutenant *overnor in Council or tKe Minister may deletea body desiJnated under subsection 1 a or 3, respectively, but only if tKe Commissioner is satisfied tKat it is not contrary to tKe public interest to delete tKe body and tKat a tKe body i Kas been discontinued or no lonJer e[ists, ii Kas been amalJamated ZitK anotKer body, and use of tKe name under ZKicK it Zas desiJnated Kas been discontinued, iii is a public body described in section 1 p i, iii, iv, v, vi or vii, or iv Zould more appropriately be subMect to anotKer Act of Alberta or Canada tKat provides for access to information or protection of privacy or botK, or b all of tKe folloZinJ apply i tKe *overnment of Alberta does not appoint a maMority of members to tKe body or to tKe JoverninJ board of tKe body ii tKe *overnment of Alberta does not provide tKe maMority of tKe body’s continuinJ fundinJ RSA 2000 Section 95 CKapter F-25 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT iii tKe *overnment of Alberta does not Kold a controllinJ interest in tKe sKare capital of tKe body. 3 TKe Minister may by reJulation desiJnate an aJency, board, commission, corporation, office or otKer body as a public body on tKe same criteria establisKed by reJulation on ZKicK tKe /ieutenant *overnor in Council may desiJnate a public body, but only at tKrequest of tKe Minister responsible for tKat aJency, board, commission, corporation, office or otKer body. 4 A reJulation made under subsection 3 is repealed on tKe cominJ into force of a reJulation made under subsection 1 a tKat desiJnates tKe aJency, board, commission, corporation, office ootKer body as a public body. RSA 2000 cF-25 s94 2003 c21 s21 2006 c1 s9 2011 cC-11.5 s30 PoZer to maNe bylaZs A local public body, by bylaZ or otKer leJal instrument by ZKicK tKe local public body acts, a must desiJnate a person or Jroup of persons as tKe Kead oftKe local public body for tKe purposes of tKis Act, and b may set any fees tKe local public body requires to be paidunder section 93, ZKicK must not e[ceed tKe fees provided for in tKe reJulations. 1994 cF-1.5 s9 1999 c23 s45 Application of tKis Act TKis Act applies to any record in tKe custody or under tKe control of a public body reJardless of ZKetKer it comes into e[istence before or after tKis Act comes into force. 1994 cF-1.5 s90 RevieZ of Act A special committee of tKe /eJislative Assembly must beJin acompreKensive revieZ of tKis Act by -uly 1, 2010 and must submito tKe /eJislative Assembly, ZitKin one year after beJinninJ tKrevieZ, a report tKat includes any amendments recommended by tKe committee. RSA 2000 cF-25 s9 2003 c21 s22 Printed on Recycled Paper CopyriJKt and Permission StatementAlberta Queen s Printer Kolds copyriJKt on beKalf of tKe *overnment of Alberta in riJKt of +er MaMesty tKe Queen for all *overnment of Alberta leJislation. Alberta Queen s Printer permits any person to reproduce Alberta’s statutes and reJulations ZitKout seeNinJ permission and ZitKout cKarJe, provided due diliJence is e[ercised to ensure tKe accuracy of tKe materials produced, and CroZn copyriJKt is acNnoZledJed in tKe folloZinJ format © Alberta Queen s Printer, 20__. TKe year of first publication of tKe leJal materials is to be completed. NoteAll persons maNinJ use of tKis consolidation are reminded tKat it Kas no leJislative sanction, tKat amendments Kave been embodied for convenience of reference only. TKe official Statutes and ReJulations sKould be consulted for all purposes of interpretinJ and applyinJ tKe laZ. ReJulations TKe folloZinJ is a list of tKe reJulations made under tKe Freedom of Information and Protection of Privacy Act tKat are filed as Alberta ReJulations under tKe ReJulations Act Alta. ReJ. AmendmentsFreedom of Information and Protection of Privacy Act Freedom of Information and Protection of Privacy ......................... 146/2009, 31/2012, 89/2013, 49/2015, 56/2019, 81/2019 Freedom of Information and Protection of Privacy Ministerial ........... 56/2009 .......164/2009, 8/2010, 209/2013, 205/2014, 187/2016 © PublisKed by Alberta Queen’s Printer E-mail qp@Jov.ab.ca SKop on-line at ZZZ.qp.alberta.ca Alberta Queen’s Printer Suite 00, ParN Pla]a 10611 - 9 Avenue PKone 0-42-4952 Fa[ 0-452-066 FREEDOM OF INFORMATION AND