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| Location: Alberta Government Home > FOIP Home > Resources > FOIP Newsletter > FOIP News, Issue No. 26, July 2009 | |||||||||||||||||||||||||
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Print Version
FOIP News, Issue No. 26, July 2009
PDF Version (pdf)
The 2009 edition of FOIP Guidelines and Practices is available from Alberta Queen's Printer. This edition distills a substantial body of rulings by the Information and Privacy Commissioner into a comprehensive, easy-to-use reference tool. This single volume combines section-by-section analysis with practical guidance on administering an access and privacy program within a public body. It includes clear and concise explanations of the way the Commissioner has interpreted the Act in Orders and Investigation Reports. The new edition incorporates recent legislative amendments (including the FOIP Amendment Act, 2006), significant Commissioner’s decisions and new treatments of a number of topics, such as:
Revised FOIP Bulletins, in PDF format, are now available on the Publications A-Z page of the FOIP website. The Bulletins have been revised to incorporate decisions of the Information and Privacy Commissioner up until December 31, 2008 and to reflect changes to section numbers resulting from the enactment of the 2008 FOIP Regulation. As well, more definitions, examples and practical suggestions have been added to make the Bulletins more useful, and most have been given a brand new look. Substantive additions were made to several Bulletins, including Paramountcy, Third Party Notice and Fee Waivers. Other Bulletins have undergone minimal or no changes, including three that have retained their last date of publication (Disclosure of Personal Information to Unions; FOIP Amendment Act, 2006; and Ministerial Expense Claims). The Bulletin on the FOIP Amendment Act, 2003 has been archived. It is recommended that FOIP Coordinators and other FOIP practitioners download the revised Bulletins.
Since the last newsletter, the following Orders and Investigation Reports (that relate to local public bodies) have been released by the Office of the Information and Privacy Commissioner (OIPC) of Alberta. Summaries of Orders and Investigation Reports are available on the FOIP website. Where summaries are not yet available, links to the decisions are provided. F2008-003 Edmonton Police Service (released December 15, 2008)
An Adjudicator determined that the OIPC did not lose jurisdiction to conduct an inquiry under section 69(6)
of the FOIP Act. The Adjudicator did not have jurisdiction over the initial request, and found that the
Edmonton Police Service failed to meet its duty to assist concerning the second request.
F2008-017 Edmonton Police Service (released January 13, 2009)
The OIPC confirmed that it did not lose jurisdiction to conduct an inquiry under section 69(6) of the
FOIP Act and ordered the Edmonton Police Service to release information improperly withheld under
sections 17 and 24(1)(b), related to an internal affairs investigation file. F2008-006 City of Edmonton (released January 13, 2009)
The OIPC found that the City of Edmonton did not provide adequate evidence to demonstrate that it
performed an adequate search for records. The Adjudicator also determined that the FOIP Act did not
require the city to answer the Applicant’s questions regarding the responsive records.
F2008-005 Edmonton Police Service (released January 15, 2009)
The OIPC confirmed that it did not lose jurisdiction to conduct an inquiry under section 69(6) of the FOIP Act
and found that the Edmonton Police Service properly applied section 12(2) in refusing to confirm or deny the
existence of a wiretap. F2008-018 Edmonton Police Service (released January 20, 2009)
The OIPC found that disclosure of Edmonton Police Services' Red Light Camera Client Training Manual would
not harm third party business interests and ordered EPS to disclose the manual to the Applicant.
F2008-011 City of Calgary (released January 20, 2009)
The OIPC determined that information withheld as advice, under section 24(1), was a substantive rule
or statement of policy related to the City of Calgary's taxation powers, under section 24(2)(g). The
City was ordered to release a valuation report about the Calgary Airport in its entirety. F2008-016 Edmonton Police Service (released February 17, 2009)
The OIPC confirmed that it did not lose jurisdiction to conduct an inquiry under section 69(6) of the
FOIP Act. The Adjudicator also found that the EPS had not properly withheld some information related to
a complaint against the Applicant (a Justice of the Peace), and ordered the EPS to release information.
F2008-004 The Calgary Board of Education (released February 18, 2009)
The OIPC upheld the Calgary Board of Education’s decision to withhold some personal information related to
the Applicant’s daughter, including the daughter’s cumulative file, but ordered the release of additional
records and information originally withheld as non-responsive. F2009-001 Lethbridge Regional Police Commission (released February 19, 2009)
The OIPC found that the Lethbridge Regional Police Commission did not meet its duty to assist the Applicant
when it did not respond to the Applicant’s follow-up letter to his access request. The Adjudicator
ordered the Commission to inform the Applicant about who conducted the search for responsive records,
the scope of the search, the steps taken to identify and locate all records and possible repositories
of them, and why it believed that no more responsive records exist than what has been found or produced. F2008-020 Edmonton Police Service (released March 26, 2009)
An Adjudicator determined that an internal investigation report by the Edmonton Police Service
should be released, subject to the removal of certain personal information from the report. The
Adjudicator also ruled that a video associated with the internal investigation was properly withheld
as third party personal information. H2009-IR-003/F2009-IR-001 Caritas Health Group & Capital Health (released April 27, 2009)
The OIPC determined that an employee’s health information was improperly accessed through Netcare (the
electronic health record) for employment purposes, rather than for the provision of health services. The
Portfolio Officer found that the Health Information Act (HIA) did not authorize the disclosure and that
Netcare should not be used for employment management purposes. F2008-023 Edmonton School District No. 7 (released May 6, 2009)
An Adjudicator determined that the school district did not have custody of a complaint letter that
was received by a school secretary and passed on, unopened, to the teachers’ union. F2009-005 University of Alberta (released May 13, 2009)
An Adjudicator found that the University of Alberta failed to demonstrate that it had conducted an
adequate search for records and ordered the university to conduct a more extensive search, including
computer back-up files. F2008-027 Edmonton Police Service (released June 16, 2009)
An Applicant requested a copy of the Professionalism Committee Final Report from the Edmonton Police Service.
The EPS withheld the report on the basis of section 24 (advice). During the course of the inquiry, the EPS
decided it would no longer rely on section 24 and released most of the report. However, some information was
severed under section 21 (disclosure harmful to intergovernmental relations). The Adjudicator found that
section 21 did not apply, and ordered the entire report released to the Applicant. F2009-008 Edmonton Police Service (released June 22, 2009)
An Applicant asked the Edmonton Police Service for copies of records related to an ethics committee
review. An Adjudicator confirmed the decision of the EPS to withhold certain personal information,
but found that section 21 did not apply to other parts of the record and some of the information was
not properly withheld under section 24.
Basics of Solicitor-Client Privilege
On February 10, 2009, the Commissioner hosted a half-day seminar regarding proper
application of the solicitor-client privilege to records. A paper, based on the
presentation, is available on the OIPC website. News Release H2009-IR-002
This investigation report under the Health Information Act (HIA) is an important
reminder to public bodies subject to the FOIP Act as well - only courts with
jurisdiction in Alberta or Canada can compel the release of records. Winning Submissions for the Look @ Me! Competition
The Office of the Information and Privacy Commissioner recently sponsored a contest
open to high school and post-secondary students entitled Look @ Me! – The Privacy Project.
The purpose of the contest was to find out what young people in Alberta think about the
protection of their personal information. Identity Health Check
March was Fraud Prevention Month. As part of the month’s events, the OIPC, and the
Alberta Fraud Prevention Coalition, produced a useful tool to help individuals
determine their risk of becoming a victim of identity theft. Captured on Camera: Street-level imaging technology, the Internet and you
The federal, Quebec, BC and Alberta Information and Privacy Commissioner offices have
produced a joint fact sheet entitled Captured on Camera – Street-level imaging
technology, the Internet and you. This fact sheet examines some of the privacy
concerns in the deployment of services like Google’s Street View.
PIPA Conference 2009
October 15 and 16, 2009 - Hyatt Regency Hotel, Vancouver, BC
Prairie Health Information Privacy Day
November 2, 2009 – Calgary, Alberta
… The Access and Privacy Conference 2009 was held at the Edmonton Marriott at River Cree Resort in Edmonton, Alberta on June 9-11th, 2009. The conference program, materials and presentations are available on the conference website at http://www3.extension.ualberta.ca/accessandprivacy/program.htm. … In April 2009, the Office of the Privacy Commissioner of Canada released the results of a recent Ekos survey on Canadians’ awareness of privacy laws and issues. The report found that 66 per cent of respondents were unaware of any federal institutions responsible for helping to protect personal information. Of the 34 per cent who claimed to have some knowledge of federal institutions responsible for privacy, only one in five knew of the federal Privacy Commissioner’s office. This appears to indicate that only about seven per cent of Canadians are aware of the OPCC. To view the complete report, visit http://www.priv.gc.ca/information/survey/2009/ekos_2009_01_e.cfm.
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