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| Location: Alberta Government Home > FOIP Home > Legislation > FOIP Act > Section 17 - Disclosure harmful to personal privacy | |||||||||||||||
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Print Version
Section 17 - Disclosure harmful to personal privacy
17(1) The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party's personal privacy. (2) A disclosure of personal information is not an unreasonable invasion of a third party's personal privacy if (a) the third party has, in the prescribed manner, consented to or requested the disclosure, (b) there are compelling circumstances affecting anyone's health or safety and written notice of the disclosure is given to the third party, (c) an Act of Alberta or Canada authorizes or requires the disclosure, (d) repealed, (e) the information is about the third party's classification, salary range, discretionary benefits or employment responsibilities as an officer, employee or member of a public body or as a member of the staff of a member of the Executive Council, (f) the disclosure reveals financial and other details of a contract to supply goods or services to a public body, (g) the information is about a licence, permit or other similar discretionary benefit relating to (i) a commercial or professional activity, that has been granted to the third party by a public body, or (ii) real property, including a development permit or building permit, that has been granted to the third party by a public body, and the disclosure is limited to the name of the third party and the nature of the licence, permit or other similar discretionary benefit, (h) the disclosure reveals details of a discretionary benefit of a financial nature granted to the third party by a public body, (i) the personal information is about an individual who has been dead for 25 years or more, or (j) subject to subsection (3), the disclosure is not contrary to the public interest and reveals only the following personal information about a third party: (i) enrolment in a school of an educational body or in a program offered by a post-secondary educational body, (ii) repealed, (iii) attendance at or participation in a public event or activity related to a public body, including a graduation ceremony, sporting event, cultural program or club, or field trip, or (iv) receipt of an honour or award granted by or through a public body. (3) The disclosure of personal information under subsection (2)(j) is an unreasonable invasion of personal privacy if the third party whom the information is about has requested that the information not be disclosed. (4) A disclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if (a) the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation, (b) the personal information is an identifiable part of a law enforcement record, except to the extent that the disclosure is necessary to dispose of the law enforcement matter or to continue an investigation, (c) the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels, (d) the personal information relates to employment or educational history, (e) the personal information was collected on a tax return or gathered for the purpose of collecting a tax, (e.1) the personal information consists of an individual's bank account information or credit card information, (f) the personal information consists of personal recommendations or evaluations, character references or personnel evaluations, (g) the personal information consists of the third party's name when (i) it appears with other personal information about the third party, or (ii) the disclosure of the name itself would reveal personal information about the third party, or (h) the personal information indicates the third party's racial or ethnic origin or religious or political beliefs or associations. (5) In determining under subsections (1) and (4) whether a disclosure of personal information constitutes an unreasonable invasion of a third party's personal privacy, the head of a public body must consider all the relevant circumstances, including whether (a) the disclosure is desirable for the purpose of subjecting the activities of the Government of Alberta or a public body to public scrutiny, (b) the disclosure is likely to promote public health and safety or the protection of the environment, (c) the personal information is relevant to a fair determination of the applicant's rights, (d) the disclosure will assist in researching or validating the claims, disputes or grievances of aboriginal people, (e) the third party will be exposed unfairly to financial or other harm, (f) the personal information has been supplied in confidence, (g) the personal information is likely to be inaccurate or unreliable, (h) the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant, and (i) the personal information was originally provided by the applicant. RSA 2000 cF-25 s17;2003 c21 s5
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