Access to Information and Protection of Privacy Acts

Albertans increasingly rely on technology and digital platforms in their everyday lives, whether they are shopping online, opening a bank account, or applying for a job.

The Freedom of Information and Protection of Privacy Act did not account for these digital realities or for the sheer volume and complexity of records that are now created and managed by public bodies to provide services to Albertans.

To keep up, Alberta updated it's FOIP Act (Freedom of Information and Privacy Act), dividing it into two Acts:

• Access to Information Act

• Protection of Privacy Act

The Access to Information Act:

• clarifies and enhances regulatory functions, including those of the Office of the Information and Privacy Commissioner (OIPC)

• allows for extensions during times of emergencies so public bodies can focus on the immediate crisis

• further empowers public bodies to proactively disclose information outside the access to information process – making it easier for Albertans to access more information

• clarifies the kind of documents that can be withheld from mandatory disclosures

• mandates a review of the Act every 6 years

• sets out clear timelines for OIPC to complete reviews and respond to access requests

The Protection of Privacy Act:

• enhances privacy protections by ensuring public bodies are properly managing and protecting personal information

• enforces the strictest penalties in Canada for the misuse of Albertans’ personal information

• streamlines processes, like recognizing legislated timelines should not count days on which public bodies are not open and making it easier to appoint independent adjudicators

• allows the Office of the Information and Privacy Commissioner (OIPC) not to proceed with an investigation unless an applicant wants them to or OIPC deems it as unnecessary

• requires 6-year reviews of the legislation to ensure it remains current

• implements requirements for privacy management programs, privacy impact assessment and privacy breach reporting

• makes it mandatory for Albertans to be notified if their personal information is involved in a privacy breach