FOIP News, Issue No. 24, July 2008

PDF Version (pdf)

• What is FOIP News?
• Need Guidance on Developing Contracts under FOIP?
• Change to the FOIP Website Address
• Update on FOIP Publications
• OIPC Orders and Investigation Reports
• FOIP Training
• Meeting Calendar
• Upcoming Events
• Did You Know...

Managing Contracts under the FOIP Act: A Guide for Government of Alberta Contract Managers and FOIP Coordinators has been designed to address the access to information and privacy issues that arise at the various stages of the contracting process by explaining how the FOIP Act applies and suggesting some best practices. The Guide has been updated to reflect changes in the law as well as new and emerging issues. The model contract clauses have also been revised, with the advice and assistance of Alberta Justice and Attorney General.

Although the Guide has been designed for provincial government, the contracting issues covered are likely similar to those encountered by local public bodies. A Word version is available so that public bodies can use or customize the model contract clauses and contract manager's checklist contained in the Guide.

To check out the Guide, go to
http://foip.alberta.ca/resources/publications/index.cfm#contracts

We have recently changed the address (URL) for the FOIP website to foip.alberta.ca.

Although the old URL will continue to work for the foreseeable future, please update your browser bookmarks or “favourites” and any links to our site that you may have on your organization’s website or in publications when they are next revised.

FOIP Bulletin No. 19: Ministerial Expense Claims is a new bulletin that provides guidance on applying the exceptions to the right of access when releasing travel expense claim records in response to a FOIP request. Don’t be fooled by the name: the guidance provided is applicable to expense claims of senior officials of local public bodies, as well.

See http://foip.alberta.ca/resources/publications/bulletin19.cfm

The 2006-2007 Annual Report on the Freedom of Information and Protection of Privacy Act was tabled in the Legislative Assembly of Alberta on May 7, 2008. Some highlights for the fiscal year include:

• Passed the FOIP Amendment Act, 2006, and advised public bodies on the impacts of the revised Act and Regulation
• Trained over 1,160 participants from government and local public bodies
• Responded to over 1,500 questions directed at the FOIP help desk
• Received over 1.3 million hits on the FOIP website
• Supported Alberta’s 11th annual information and privacy conference, attended by 300 participants

To view the report, go to http://foip.alberta.ca/resources/annualreports/pdf/foip2007.pdf.

Summary tables of annual statistical information on FOIP requests received by local public bodies in Alberta are available at http://foip.alberta.ca/resources/statistics/index.cfm
For example, in 2006-2007:

• 1401 FOIP requests were received by 941 local public bodies
• 612 (56%) of the requests were for personal information
• 789 (44%) of the requests were for general information
• Top users of the Act were the general public (40% of requests), followed by businesses (29% of requests)
• Records were totally or partially disclosed in 73% of general information requests
• Records were totally or partially disclosed in 80% of personal information requests
• 96% of requests were completed within 60 days

This brochure explains briefly how the FOIP Act affects companies and organizations that have contracts with government or local public bodies. The brochure was recently revised along with the Managing Contracts under the FOIP Act guide.

To view the brochure, go to http://foip.alberta.ca/resources/publications/ContractorBrochure.cfm

This brochure briefly explains the purposes of the FOIP Act and provides general instructions on how to make a request for information. The brochure was recently revised and given a new look.
To view the brochure, go to http://foip.alberta.ca/resources/publications/InfoBrochure.cfm

Hard copies of the Contractor's Guide to the FOIP Act brochure and The Right to Information and the Right to Privacy brochure are also available by contacting the FOIP Help Desk at foiphelpdesk@gov.ab.ca or 780-427-5848.

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 rulings are provided.

F2007-018 Edmonton Police Commission (released April 10, 2008)

Office of the Information and Privacy Commissioner determines that the Edmonton Police Commission properly refused to correct personal information in records that were prepared by third parties and orders a proper annotation or link to relevant portions of the file.

http://foip.alberta.ca/commissioners_decisions/orders/summary/2007/
2007-018summary.cfm

F2007-029 Edmonton Police Commission (released June 17, 2008)

Information and Privacy Commissioner finds that the Edmonton Police Commission did not meet its duty to assist an individual with accessing his personal information and general information about a Chief of Police competition.

http://foip.alberta.ca/commissioners_decisions/orders/summary/2007/
2007-029summary.cfm

The dates for the 2008-2009 FOIP training sessions have been set. The next one-day sessions are scheduled for September 23-25, 2008, in Edmonton. The next half-day General Awareness course is scheduled for September 22, 2008, in Edmonton.

The three one-day sessions are for employees who are responsible for FOIP. The half-day sessions are for employees who require a basic overview of the concepts of protection of privacy and access to information. Training sessions are held in Edmonton and Calgary several times a year, or arrangements can be made for delivery of training at your workplace.

The courses in this program have been developed by Service Alberta, the ministry responsible for the province-wide administration of Alberta’s FOIP Act. The ministry has contracted with Deloitte & Touche LLP to deliver the courses and handle course registrations and billing of participants.

For details about the courses and how to register, visit the Training for Public Bodies page on the FOIP website at http://foip.alberta.ca/training/instructorled/instructorledtraining.cfm

• Learn how children and youth can protect their privacy while continuing to extensively use the Internet.
• For more information, please visit http://www.youthprivacyonline.ca

• Focusing on cyber security and critical infrastructure protection for energy, utilities and telecommunications, this conference will look at understanding the threats and hazards that the industry faces, and will explore solutions with respect to mitigation, response, recovery, restoration and the need for public/private partnerships.
• For more information, see http://www.rebootconference.com/security2008/

• The PST conference is unique in its broad approach including examining the issues from both the research and practice perspectives, encouraging multidisciplinary research, and fostering collaboration between academe, the private sector and government.
• For more information, go to http://www.unb.ca/pstnet/pst2008

• An exciting initiative for those organizations affected by health information privacy law across Canada's three prairie provinces.
• For more information, visit http://www.governmentevents.ca/phipd2008

• The focus for 2008 is on practical, real-world problems and solutions. This forum offers an excellent opportunity to hear from privacy regulators, stakeholders, and from business experts from around the globe about managing personal information in the electronic age.
• For more information, see
  http://www.governmentevents.ca/pipa2008

... In May, 2008, the province of Quebec passed the Regulation respecting the distribution of information and the protection of personal information. The Regulation sets out new requirements for the head of a public body, including that the head must: establish a committee on access to information and the protection of personal information; ensure staff receive access and privacy training; make specified types of information available on the public body’s website; and ensure that new initiatives involving surveys or video surveillance are reviewed by the public body’s access and privacy committee - to name a few. For a copy of the Regulation, see http://www.canlii.org/qc/laws/regu/a-2.1r.0.2/20080617/
whole.html

...The United Kingdom’s Criminal Justice and Immigration Act recently received Royal Assent. This new legislation gives the UK Information Commissioner’s Office (ICO) the power to impose substantial fines on organizations that deliberately or recklessly commit serious breaches of the Data Protection Act. For more information, see http://www.ico.gov.uk/upload/documents/pressreleases/2008/
criminal_justice_and_immigration_act.pdf

...On May 27, 2008, the Office of the Information Commissioner of Canada tabled its Annual Report 2007-2008 (see http://www.infocom.gc.ca/reports/pdf/OIC07-08E.pdf). Highlights of the report include:

• The office handled 2,387 complaints in 2007-2008. An 81% increase over the previous year.
• The largest number was for the CBC, at 536 (524 by one person!).
• 1,381 investigations were completed.
• The largest number also involving the CBC, at 385.