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| Location: Alberta Government Home > FOIP Home > Legislation > FOIP Act > Section 40 - Disclosure of personal information | |||||||||||||||
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Print Version
Section 40 - Disclosure of personal information
40(1) A public body may disclose personal information only (a) in accordance with Part 1, (b) if the disclosure would not be an unreasonable invasion of a third party's personal privacy under section 17, (c) for the purpose for which the information was collected or compiled or for a use consistent with that purpose, (d) if the individual the information is about has identified the information and consented, in the prescribed manner, to the disclosure, (e) for the purpose of complying with an enactment of Alberta or Canada or with a treaty, arrangement or agreement made under an enactment of Alberta or Canada, (f) for any purpose in accordance with an enactment of Alberta or Canada that authorizes or requires the disclosure, (g) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body having jurisdiction in Alberta to compel the production of information or with a rule of court binding in Alberta that relates to the production of information, (h) to an officer or employee of the public body or to a member of the Executive Council, if the information is necessary for the performance of the duties of the officer, employee or member, (i) to an officer or employee of a public body or to a member of the Executive Council, if the disclosure is necessary for the delivery of a common or integrated program or service and for the performance of the duties of the officer or employee or member to whom the information is disclosed, (j) for the purpose of enforcing a legal right that the Government of Alberta or a public body has against any person, (k) for the purpose of (i) collecting a fine or debt owing by an individual to the Government of Alberta or to a public body, or to an assignee of either of them, or (ii) making a payment owing by the Government of Alberta or by a public body to an individual, (l) for the purpose of determining or verifying an individual's suitability or eligibility for a program or benefit, (m) to the Auditor General or any other prescribed person or body for audit purposes, (n) to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem, (o) to a representative of a bargaining agent who has been authorized in writing by the employee the information is about to make an inquiry, (p) to the Provincial Archives of Alberta or to the archives of a public body for permanent preservation, (q) to a public body or a law enforcement agency in Canada to assist in an investigation (i) undertaken with a view to a law enforcement proceeding, or (ii) from which a law enforcement proceeding is likely to result, (r) if the public body is a law enforcement agency and the information is disclosed (i) to another law enforcement agency in Canada, or (ii) to a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority, (s) so that the spouse or adult interdependent partner, relative or friend of an injured, ill or deceased individual may be contacted, (t) in accordance with section 42 or 43, (u) to an expert for the purposes of section 18(2), (v) for use in a proceeding before a court or quasi-judicial body to which the Government of Alberta or a public body is a party, (w) when disclosure is by the Minister of Justice and Attorney General or an agent or lawyer of the Minister of Justice and Attorney General to a place of lawful detention, (x) for the purpose of managing or administering personnel of the Government of Alberta or the public body, (y) to the Director of Maintenance Enforcement for the purpose of enforcing a maintenance order under the Maintenance Enforcement Act, (z) to an officer of the Legislature, if the information is necessary for the performance of the duties of that officer, (aa) for the purpose of supervising an individual under the control or supervision of a correctional authority, (bb) when the information is available to the public, (bb.1) if the personal information is information of a type routinely disclosed in a business or professional context and the disclosure (i) is limited to an individual’s name and business contact information, including business title, address, telephone number, facsimile number and e-mail address, and (ii) does not reveal other personal information about the individual or personal information about another individual, (cc) to the surviving spouse or adult interdependent partner or a relative of a deceased individual if, in the opinion of the head of the public body, the disclosure is not an unreasonable invasion of the deceased's personal privacy, (dd) to a lawyer or student-at-law acting for an inmate under the control or supervision of a correctional authority, (ee) if the head of the public body believes, on reasonable grounds, that the disclosure will avert or minimize an imminent danger to the health or safety of any person, or (ff) to the Administrator of the Motor Vehicle Accident Claims Act or to an agent or lawyer of the Administrator for the purpose of dealing with claims under that Act. (2) Notwithstanding subsection (1), a post-secondary educational body may disclose personal information in its alumni records for the purpose of fund-raising activities of the post-secondary educational body if the post-secondary educational body and the person to whom the information is disclosed have entered into a written agreement (a) that allows individuals a right of access to personal information that is disclosed about them under this subsection, and (b) that provides that the person to whom the information is disclosed must discontinue using the personal information of any individual who so requests. (3) Notwithstanding subsection (1), a post-secondary educational body may, for the purpose of assisting students in selecting courses, disclose teaching and course evaluations that were completed by students. (4) A public body may disclose personal information only to the extent necessary to enable the public body to carry out the purposes described in subsections (1), (2) and (3) in a reasonable manner. RSA 2000 cF-25 s40;2002 cA-4.5 s38;2003 c21 s11
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