Category: Privacy Page 5 of 13

Statement Commented On: Right to Know Day: Minister Glubish, September 28, 2020

Last Monday was apparently the beginning of ‘Right to Know Week’, “which aims to advance and celebrate the public’s right to access information from governments.” This is also the 25^th anniversary of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP). I have complained about the serious problems with FOIP before (here, here, here, and here). The timelines for record delivery are routinely ignored, absurdly high fees are charged for spurious reasons, the administrative review body is about a year behind, and the redactions are so vague and broadly worded that government bodies can hide almost whatever they want. In short, if the government wants to lie or cover something up, FOIP is an ineffective tool to stop them.

This post takes a lighter tone and discusses some of the hilarious abuses of FOIP I’ve seen from my work with the FOIP requests.

Police Record Checks in Alberta

By Jennifer Taylor

On April 17, 2020

In Criminal, Privacy, Uncategorized

By: Jennifer Taylor

PDF Version: Police Record Checks in Alberta

Paper Commented On: Alberta Law Reform Institute, Police Record Checks: Preliminary Research (March 2020)

The Alberta Law Reform Institute (ALRI) recently published a paper on police record checks. The paper:

- examines the provincial and federal statutes that partially regulate the disclosure of information in police record check results;
- reviews the provincial and national calls that have been made for specific legislation to regulate police record checks;
- evaluates Ontario’s Police Record Checks Reform Act, 2015, SO 2015, c 30 (Ontario Act); and
- compares the Ontario Act with the Alberta Police Information Check Disclosure Procedures (Alberta Procedures) endorsed by the Alberta Association of Chiefs of Police (AACP).

COVID-19 and Cellphone Surveillance

By Joel Reardon

On April 16, 2020

In COVID-19, Health Law, Privacy

By: Joel Reardon, Emily Laidlaw, and Greg Hagen

PDF Version: COVID-19 and Cellphone Surveillance

Matter Commented On: Premier Jason Kenney’s Address on the COVID-19 Pandemic (April 7, 2020)

Last week in Premier Kenney’s address to the province, he announced (at approximately 10:29 of the video) that a central component of Alberta’s strategy in relation to COVID-19 (and its related SARS-CoV-2 virus) could require the use of technology to enforce quarantine orders: “We will strictly enforce quarantine orders to ensure compliance, including using technology like smartphone apps.” When a spokesperson for the Alberta Privacy Commissioner’s Office raised privacy concerns about the use of a smartphone app to enforce quarantine, the Calgary Herald reported that Premier Kenney dismissed such concerns as “overblown”, seemingly because only a small group of people would be tracked and only for the purposed of enforcing a valid quarantine order.

When Solicitor-Client Privilege Protects the Government from You

By Drew Yewchuk

On April 13, 2020

In Privacy

By: Drew Yewchuk

PDF Version: When Solicitor-Client Privilege Protects the Government from You

Decision Commented On: Edmonton Police Service v Alberta (Information and Privacy Commissioner), 2020 ABQB 207

Edmonton Police Service v Alberta (Information and Privacy Commissioner), 2020 ABQB 207 (EPS v IPC) is a decision on judicial review of Order F2018-36 (Re), made by an adjudicator at the Office of the Information and Privacy Commissioner (OIPC). The decision addresses the “Privileged Information” exemption from disclosure found in section 27 of Alberta’s Freedom of Information and Protection of Privacy Act, RSA 2000 C-F-25 (FOIP). This post discusses the background to the decision and offers some commentary on the broader freedom of information implications of the decision.

Police Information Check, Vulnerable Sector Check and Privacy Rights

By Myrna Tuttle

On September 12, 2019

In Privacy

By: Myrna El Fahkry Tuttle

PDF Version: Police Information Check, Vulnerable Sector Check and Privacy Rights

Case Commented On: Edmonton (Police Service) v Alberta (Information and Privacy Commissioner), 2019 ABQB 587 (CanLII)

This case comes shortly after our Centre (Alberta Civil Liberties Research Centre (ACLRC)) published a report entitled Collection, Storage and Disclosure of Personal Information by the Police: Recommendations for National Standards (ACLRC Report) which tackled similar issues to those decided upon by the Court of Queen’s Bench.

In this case, the appellant, Edmonton Police Service (EPS), sought judicial review of portions of a decision of Adjudicator Teresa Cunningham from the Office of the Information and Privacy Commissioner, under the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). The Adjudicator had ordered EPS: (1) not to use AB’s personal information in contravention of Part 2 of FOIP (2) not to disclose AB’s personal information in contravention of Part 2 of FOIP; and (3) to notify her and AB within fifty days of receiving these orders that EPS would comply with them (at para 5).

Category: Privacy Page 5 of 13

Right to Know Day: You Have the Right to Know That Access to Information in Alberta is Terrible

Police Record Checks in Alberta

COVID-19 and Cellphone Surveillance

When Solicitor-Client Privilege Protects the Government from You

Police Information Check, Vulnerable Sector Check and Privacy Rights