UPDATED: Alberta government introduces bills to expand privacy protections, modernize FOIP

The Alberta government has tabled the Protection of Privacy Act (POPA) to what it says will ensure Albertans have the strongest privacy protections in Canada. In January, the Alberta government released Alberta’s Privacy Management Framework and Data Ethics Framework, which introduced privacy by design principles prioritizing protections of personal information with business decisions. To expand on this framework, it said proposed amendments to the Freedom of Information and Protection of Privacy (FOIP) Act would strengthen privacy protections for Albertans. “Albertans should have the strongest privacy protections in Canada,” said Alberta Technology and Innovation Minister Nate Glubish in a Wednesday press release. “This legislation would deliver exactly that.” Glubish said the privacy of Albertans is non-negotiable. Come hell or highwater, he vowed to protect it. Under the POPA, the Alberta government said it will divide the FOIP Act into two acts — one focused on Access to Information and the other focused on privacy. It added separating it will help to ensure Access to Information and privacy receive the attention they deserve.It said the POPA would update Alberta’s privacy legislation for the digital age, strengthen the rules governing the protection of personal information held by public bodies, implement tools providing Albertans with information and confidence about privacy practices of them, improve regulatory functions, and enhance accountability and compliance. If passed, it said the POPA would build on privacy laws by requiring more attention from public bodies in managing personal information and by introducing requirements related to data in their possession about people. In response, it pointed out public bodies will need to consider the privacy implications of managing personal information in how they do business and when creating or making changes to their programs, services and systems.To improve privacy, it said it seeks to mandate global best practices many public bodies in Alberta have implemented, such as requiring privacy management programs and privacy impact assessments. It noted these tools help ensure public bodies are practical in developing, delivering, and managing programs and services respecting and protecting Albertans’ personal information. To ensure public bodies and their staff are taking their responsibilities seriously, the Alberta government said the POPA seeks to introduce the strongest protections and strictest penalties in Canada. This will allow the courts to impose the full extent of the law for public bodies and employees who violate it. Glubish followed up by asking who people care most about protecting to justify penalties increasing from $10,000 to $125,000. “Do you care about protecting Albertans or protecting government?” he said. “In my mind, I think protecting Albertans is the most important thing, and at the end of the day, if there is an intentional violation of privacy legislation, the people who violated it should pay a heavy price.”The Office of the Information and Privacy Commissioner (OIPC) said in 2022 there were about 2,000 privacy breaches in Alberta over 11 years..Nearly 2,000 privacy breaches reported in Alberta over 11 years.A report was released analyzing Alberta’s Personal Information Protection Act (PIPA) breaches from 2010 to 2021.In 2010, requirements to report certain breaches to the OIPC and notify affected people came into force under PIPA.The Alberta government confirmed it had introduced another bill to update its Access to Information legislation for the modern digital landscape and to align with other Canadian jurisdictions. It pointed out Albertans rely on technology and digital platforms in their daily lives by shopping online, opening bank accounts, and applying for jobs. However, it said the previous FOIP Act did not account for an expanded digital environment or for the sheer complexity of records that are now being managed by public bodies to provide services to Albertans. “The FOIP Act came into force in 1995 and has not been updated in the last 20 years,” said Service Alberta and Red Tape Reduction Minister Dale Nally.“The world has continued to evolve, but our legislation has not.” Since the FOIP Act has not been updated in a long time, Nally said the Alberta government had been hearing it was long overdue. By separating it, he said it was “streamlining processes and reducing administrative burden and red tape.”The Alberta government said the Access to Information Act (ATIA) would bring Alberta in line with other Canadian jurisdictions, which have already made similar changes. Additionally, it said the changes would modernize the language used to refer to Access to Information and streamline processes to provide Albertans with faster, concrete response times for requests.To make it easier for Albertans to receive more information, it said the ATIA would allow public bodies to proactively disclose information. It said it would better define cabinet confidentiality like other Canadian jurisdictions have and streamline processes in a way allowing government officials to prioritize good governance.If passed, it said the ATIA would clarify and enhance regulatory functions, including those of the OIPC. It revealed it would set out clear timelines for OIPC to complete reviews and respond to requests.It said it would empower public bodies to proactively disclose information outside the Access to Information process, making it easier for Albertans to access more information. Moreover, it noted it would clarify timelines and extension processes for requests. An example it offered was allowing more flexibility to extend timelines for processing FOIP requests during emergencies. It would mandate a review of the act every six years. Former Treasury Board president Mona Fortier set new rules in 2023 requiring Canadians who want to access public records needing proof of their citizenship or residency such as a birth certificate or driver’s licence..New Access to Information rules, must show Canadian I.D..These new requirements were implemented without seeking public input.“No consultations were deemed to be necessary,” said the Treasury Board.

UPDATED: Alberta government introduces bills to expand privacy protections, modernize FOIP

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