Alberta Record

· Order in Council / Information and Privacy Statutes Amendment · in-force

Access to Information and Protection of Privacy: Various Statutes Amendment Regulation

This regulation systematically updates references to the former Freedom of Information and Protection of Privacy Act across numerous Alberta statutes and regulations, aligning them with the new Access to Information Act and Protection of Pr

High impactCensorship & access to informationPrivacy & surveillanceCentralization of powerInstitutional independenceThe public, directlyHealth-care bodiesIndependent watchdogs

What changed

  • Replaces references to the former 'Freedom of Information and Protection of Privacy Act' with either the 'Access to Information Act' or the 'Protection of Privacy Act' across over 40 Acts and at least 21 regulations.
  • Updates specific section references within the former Act to correspond with the new Acts, such as section 17(2)(b) of the former Act becoming section 20(2)(b) of the Access to Information Act.
  • Repeals section 58(2) of the Cemeteries Act.
  • Redefines the 'Freedom of Information and Protection of Privacy Coordinator' role as 'Access to Information Coordinator' or 'head of the Department for the purposes of the Access to Information Act or the head's delegate' in several regulations.
  • Removes specific statutory authorizations for information disclosure under the former Act from regulations, such as the Beverage Container Recycling Regulation.
  • Introduces new definitions for 'Access to Information Coordinator' and explicitly states compliance requirements with the new Acts for certain authorities in various regulations.

Why it matters

  • Clarifies the legal framework for information access and privacy by ensuring consistency in statutory language across numerous provincial Acts and regulations, distinguishing between public access to government records and personal information protection.
  • Reflects a structural shift in how information governance is legislated in Alberta, moving from a single comprehensive act to a bifurcated system.
  • Impacts the operational procedures and legal obligations of a wide range of public bodies and entities regarding information handling and disclosure.
  • Centralizes decision-making authority for access to information requests within departmental leadership by redefining coordinator roles and shifting responsibility to the 'head of the Department or their delegate'.
  • May alter the legal basis and procedures for certain information disclosures by regulated bodies due to the removal of specific statutory authorizations under the former Act.
  • Reinforces the obligations of certain authorities under the new privacy and access legislation through explicit statements of compliance requirements.

Rights affected

  • Privacy — Control over personal information held by governments and institutions.
  • Access to information — The ability to see public records and government decisions.

Other governance concerns

  • Clarity of information access rights for the public
  • Consistency of privacy protections across various sectors
  • Administrative burden on public bodies to adapt to the new legislative framework
  • Clarity of new access to information procedures for the public.
  • Impact of redefined coordinator roles on the processing of information requests.
  • Consistency of privacy protections across diverse regulated sectors.
  • Potential for altered information disclosure practices by various authorities.
  • The shift in authority for information requests from a 'coordinator' to a 'head of department or delegate' may affect the independence of the access to information function.

Primary sources (2)

Secondary sources (1)