freedom of information and protection of privacy · balancing access to information with the...

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Freedom of Information and Protection of PrivacyAnnual Report 2012-13

June 2014

Honourable Gene Zwozdesky

Speaker

Legislative Assembly of Alberta

325 Legislature Building

10800 – 97 Avenue

Edmonton, Alberta

T5K 2B6

Dear Sir:

In accordance with section 86 of the Freedom of Information and Protection of Privacy Act, I submit the 18th

Annual Report of the operation of this Act for the fiscal year ended March 31, 2013.

Respectfully submitted,

Don Scott, QC

Associate Minister

3Freedom of Information and Protection of Privacy Annual Report 2012-13

Message from the Associate MinisterAs our digital world continues to grow, so does the desire to have information at our fingertips. Expectations of

how government should work and what information should be available to the public have changed. To this end,

governments are being called on to provide an increasing amount of information, while at the same time being

expected to safeguard privacy. The Freedom of Information and Protection of Privacy (FOIP) Act helps balance

those expectations.

The information access and privacy landscape continues to change with the advent of new technology and services.

As a government, we are constantly exploring ways to ensure the rules and practices around information disclosure

and privacy protection meet the needs of the day. We are also looking at new ways to make government business

more transparent, while improving the efficiency and effectiveness of information sharing.

In addition to overseeing administration of the FOIP Act and supporting all provincial government departments,

Service Alberta provides resources and guidance for the FOIP programs of all public bodies in the province. In

2012-13, the FOIP Help Desk responded to 1,100 inquiries about the Act, while the program provided training to

more than 1,000 people. In this fiscal period, the provincial government received more than 4,250 FOIP requests,

close to 600 more than the previous year. Of those, 85 per cent were completed within 30 days. These numbers

illustrate the ongoing challenges with this service model.

Balancing access to information with the protection of privacy is a complex matter; even more so in today’s

technology driven world. To ensure we are meeting our obligations to citizens as well as public bodies, we must

keep current with the changing nature of information and the challenges that affect this sector now and into the

future. As Minister of Accountability, Transparency and Transformation, I present the 2012-13 FOIP Act Annual Report.

Don Scott, QC, MLA

Associate Minister of Accountability, Transparency and Transformation


Table of Contents

Minister’s Message 5

Providing Access to Public Records 8

Top 10 Requests for Information in 2012-13 10

Privacy Compliance 12

Increasing Capacity in Alberta’s FOIP Community 12

Publications and Resources 13

National Initiatives 13

Information Released to Albertans 14

Disclosure of Information from Environment and

Sustainable Resource Development (ESRD) 16

Fees 17

Why Information was not Released 18

Response Times 19


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Number of FOIP requests received during the last 5 years

Requests to Provincial Government Departments, Agencies, Boards and Commissions

2012-13 Total Number Access Requests: 4,257

* Excludes requests for correction of personal information

* Excludes requests for correction of personal information

Requests to Local Public Bodies


Service Alberta provides leadership, guidance and support

to public bodies subject to the FOIP Act, including provincial

government departments, agencies, boards and

commissions, as well as a range of local public bodies

operating across Alberta. All public bodies are responsible

for protecting the personal information in their custody and

ensuring appropriate access to information through the

application of the FOIP Act. Service Alberta’s leadership

assists these public bodies in fulfilling that responsibility

through training, coordination and provision of resources.

Providing Access to Public Records

In 2012-13, individuals seeking their own personal information

submitted approximately 41 per cent of the FOIP requests

received by provincial government bodies. Requests from

individuals and organizations seeking general information on

government comprised the other 59 per cent. For local public

bodies, approximately half of requests were for personal

information and other half for general information.

1,684

1,771

1,644

1,453

2010-11

2011-12

2012-13

2009-10

2008-09

1,628

2,493

2,027

1,897

■ PersonalInformation

■ GeneralInformation

1,730 2,527

1,8552012-13 1,880

1,366

1,549

1,739

1,243

2009-10

2010-11

2011-12

2008-09

863

970

1,050

777



8 Freedom of Information and Protection of Privacy Annual Report 2012-13

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Sectors that received access requests



* Excludes requests for correction of personal information** Includes municipalities, improvement districts, special areas,

regional service commissions, drainage and irrigation districts, housing management bodies, Métis Settlements/General Council, and public libraries

Who made access requests


2012-13 Total Number General Access Requests: 2,527


2012-13 Total Number General Access Requests: 1,880

For local public bodies, the sector that received the most

general requests was local government at 1,219 requests,

followed by health care bodies at 339 and post-secondary

institutions at 142.

Health CareBodies

Local Government**

Police Services& Commissions

Post-SecondaryInstitutions

SchoolJurisdictions



62

208

1,452

70

63

339

1,219

113

142

67

■ 2012-13■ 2011-12

9.8%

4.0%InterestGroups

Media

GeneralPublic

Business70.2%

11.3%

2.6%

0.7%

10.7%

4.7%

ElectedOf�cials

Academic/Researcher 0.8%

2.4%

2.8%

80.2%

■ 2012-13■ 2011-12

InterestGroups

Media

GeneralPublic

Business

45.8%

10.1%

31.4%

2.3%

1.0%

9.3%

Academic/Researcher

ElectedOf�cials

41.6%

11.4%

7.2%

1.3%

11.9%

26.6%


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Top 10 Requests of Information in 2012-13Government of Alberta

• Environment and Sustainable Resource Development

received the most general requests.

• Executive Council is new to the Top 10 for 2012-13.

Environment and Sustainable Resource Development 1682Justice and Solicitor General 116Health 115Human Services 68Transportation 65Executive Council 54Education 43Alberta Securities Commission 41Energy 39Treasury Board and Finance 36

Top 10 General Information Requests

• Human Services had the most personal requests,

followed by Child and Family Service Authorities and

Justice and Solicitor General.

Human Services 744Child and Family Service Authorities 519Justice and Solicitor General 211Health 66Transportation 35Education 31Provincial Archives 29Workers’ Compensation Board / Enterprise and Advanced Education 28Alberta Securities Commission 5Persons with Developmental Disabilities Boards 4

Top 10 Personal Information Requests


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Top 10 Requests of Information in 2012-13Local Public Bodies

• The City of Edmonton received the most general

information requests in 2012-13.

• The local public bodies in the top 5 for 2012-13

remain the same from 2011-12, and all saw

significant increases in requests.

• The Village of Glendon and Town of Stony Plain are

new to the Top 10 for 2012-13.

City of Edmonton 363Alberta Health Services 328City of Calgary 217Rocky View County 127City of St. Albert 125Village of Glendon 57Edmonton Police Service 51University of Calgary 48Town of Stony Plain 39Calgary Police Service 34

Top 10 General Information Requests

• The Calgary Police Service, the Edmonton Police

Service and the City of Calgary continue to receive

the most personal information requests.

• Two local public bodies returning to the Top 10 list

this year are Parkland School Division No. 7 and

Lethbridge Regional Police Service.

Calgary Police Service 1104 Edmonton Police Service 299City of Calgary 94Alberta Health Services 55Grant MacEwan University 30City of Edmonton 28Capital Region Housing Corporation 23University of Calgary / Medicine Hat Police Service 19Lethbridge Regional Police Service 18Parkland School Division No. 70 14

Top 10 Personal Information Requests


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Privacy Compliance

In addition to fulfilling access requests, the FOIP Act sets

requirements intended to protect personal information.

Public bodies ensure the rules of FOIP are followed through

good privacy practices. For example, completing a Privacy

Impact Assessment (PIA) on new initiatives makes sure

privacy practices are built in right from the beginning.

Additionally, FOIP offices are available to advise their public

bodies when it is appropriate to share information and when

it is harmful.

Increasing Capacity in Alberta’s FOIP Community

Service Alberta supports the annual Access and Privacy

Conference. The 2013 conference, held in Edmonton on

June 12 to 14, provided many valuable sessions to inform

and develop the FOIP community. Subjects discussed

included professional designation, social media challenges

for public bodies, “bring your own device” policies,

copyright and many other cutting-edge topics. The Privacy

and Information Commissioners of Canada, along with the

Information and Privacy Commissioners of British Columbia

and Saskatchewan, provided speeches and panel discussions.

The conference also featured speakers from government and

agencies, post-secondary institutions, the media, business,

school jurisdictions, and law enforcement.

Service Alberta organizes regular, half-day information

sessions with government, agencies, boards and

commissions. These occurred four times in 2012-13.

Semi-annual full day sessions are held with each of the

following sectors: municipalities, post-secondary institutions

and school jurisdictions. There were a total of five of these

sessions held in 2012-13. These sessions represent a learning

and development opportunity for FOIP practitioners, as well

as a networking forum. The Office of the Information and

Privacy Commissioner (OIPC) provides an update from their

office at these sessions.

Through a service provider, Service Alberta offers training

for staff and contractors of public bodies. In 2012-13, 55

courses took place with 1,036 public body employees and

contractors trained.

Service Alberta offers a HelpDesk line where local public

bodies, government bodies and members of the public

can call with questions. In 2012-13, there were 1,109 FOIP

HelpDesk queries, along with 495 Personal Information

Protection Act (PIPA) queries.


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Publications and Resources

Service Alberta maintains a catalogue of 40 publications

and informational resources to support FOIP staff across

government and local public bodies, including:

> Assessment Roll (Discussion Paper)> Bulletin No. 1: Fee Estimates> Bulletin No. 2: Fee Waivers> Bulletin No. 3: Access to Manuals and Guidelines> Bulletin No. 4: Disclosure of Personal Information

“Not Contrary to the Public Interest”> Bulletin No. 5: Fund-Raising> Bulletin No. 6: Records of Elected and Appointed

Officials of Local Public Bodies> Bulletin No. 7: Law Enforcement> Bulletin No. 8: Common or Integrated

Programs or Services> Bulletin No. 9: Burden of Proof> Bulletin No. 10: Third Party Notice> Bulletin No. 11: Paramountcy> Bulletin No. 12: E-mail: Access

and Privacy Considerations> Bulletin No. 13: Business Contact Information> Bulletin No. 14: FOIP Amendment Act, 2003> Bulletin No. 15: Disclosure of Personal

Information to Unions: Before a First Agreement

> Bulletin No. 16: Personal Information of Deceased Persons

> Bulletin No. 17: Consent and Authentication> Bulletin No. 18: FOIP Amendment Act, 2006> Bulletin No. 19: Ministerial Expense Claims> Conducting Surveys: A Guide to Privacy Protection> Contractor’s Guide to the FOIP Act (Brochure)> FOIP: A Guide> FOIP Guidelines and Practices, 2009 Edition

> FOIP Tips for Planning a Municipal Census> Frequently Asked Questions about Elections> Frequently Asked Questions from Employees> Frequently Asked Questions for Housing

Management Bodies> Frequently Asked Questions for Métis Settlements> Frequently Asked Question for Municipalities> Frequently Asked Questions for Post-Secondary

Institutions> Frequently Asked Questions for Public Libraries> Frequently Asked Questions for School Jurisdictions> Guide for Developing Personal Information Sharing

Agreements> Guide to Developing Privacy Statements for

Government of Alberta Websites> Guide to Identifying Personal Information Banks> Guide to Providing Counselling Services

in School Jurisdictions> Guide to Using Surveillance Cameras in Public Areas> Human Resources Guide for Local Public Bodies> Managing Contracts under the FOIP Act:

A Guide for Government of Alberta Contract Managers and FOIP Coordinators

> The Right to Information and the Right to Privacy (Brochure)

> School Promotional Video Production (Discussion Paper)

> Using and Disclosing Personal Information in School Jurisdictions

> Video-conferencing in Schools (Discussion Paper)

> Video Yearbooks (Discussion Paper)

National Initiatives

Alberta participates in the national Privacy Subcommittee

reporting to the Public Sector Chief Information Officer

Council and the Public Sector Service Delivery Council.


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Information Released to Albertans

In 2012-13, provincial public bodies processed 4,136 requests in total. The requests to Environment and Sustainable Resource Development (ESRD) are dealt with separately. Of the remaining 765 general requests,

21.5 per cent were totally disclosed and 41.2 per cent were partially disclosed.

How access requests were processed

Disposition of General requests, excluding ESRD, by Provincial Government Departments, Agencies, Boards and Commissions

Disposition of Personal requests by Provincial Government Departments, Agencies, Boards and Commissions

■ 2012-13■ 2011-12

41.2%

14.4%TotallyDisclosed

Withdrawn

PartlyDisclosed

RecordsDo Not Exist

14.5%

39.1%

20.0%

10.4%

8.7%

7.3%

NothingDisclosed

Abandoned10.5%

9.6%

3.5%Transfered

2.0%

8.7%

10.0%

■ 2012-13■ 2011-12

16.1%

12.4%TotallyDisclosed

Abandoned

RecordsDo Not Exist

PartlyDisclosed

49.9%

16.9%

10.9%

3.4%

0.9%

15.3%

Transfered

Withdrawn3.5%

1.0%

2.0%NothingDisclosed 1.7%

16.5%

49.5%

* Nothing disclosed includes requests for information that is publicly available or requests for records that are exempt from the FOIP Act.



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For local public bodies, 31.1 per cent of general requests were totally disclosed and 45.6 per cent were partially disclosed.

Disposition of Personal requests by Local Public Bodies

■ 2012-13■ 2011-12

15.7%

9.2%NothingDisclosed

RecordsDo Not Exist

TotallyDisclosed

PartlyDisclosed

65.0%

17.4%

14.3%

2.5%

1.2%

5.7%

Transfered

Abandoned2.5%

0.7%

0.7%Withdrawn1.2%

7.2%

56.7%How access requests were processed

Disposition of General requests by Local Public Bodies

■ 2012-13■ 2011-12

31.1%

6.4%RecordsDo Not Exist

Abandoned

TotallyDisclosed

PartlyDisclosed

45.6%

37.0%

5.3%

7.8%

2.3%

6.1%

Withdrawn

NothingDisclosed 5.2%

2.3%

0.8%Transfered1.0%

7.8%

41.4%




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2. Routine Disclosure (RD): ESRD regularly identifies and makes information available through routine disclosure. The type of information released through RD includes environmental assessment information that has not yet been digitized and posted online. ESRD received a total of 1,744 requests for information through Routine Disclosure, resulting in 50,293 pages of information being disclosed.

3. Through the application of the FOIP Act: When an applicant is seeking records outside of RD and ESAR, the release of this information follows the standard FOIP process. In 2012-13, ESRD processed 1,660 FOIP requests, resulting in 8,201 pages being released through the standard FOIP process.

As summarized in the following table, ESRD’s disclosure of information through the use of RD, ESAR, and FOIP enhances openness and transparency and streamlines the processing of the large request volumes.

Information Requests to ESRD’s FOIP Office, 2008 to 2012

79,002

4,896 7,845 4,191 6,063

83,738

69,260

91,669

79,699

123,144

64,915

2,956

152,615

50,293

2,013

1,621

1,262

2,028

1,904

1,472

1,881

1,744

1,660

1,091

2009-20102008-2009 2010-2011 2011-2012 2012-2013

Number of FOIP requests received

Number of RD requests received■ Number of pages

released under the FOIP Act

■ Number of pages released under RD

■ Document delivered via ESAR

ESRD receives the majority of requests for general information submitted to the Government of Alberta.

As a result of the large volume of requests received, ESRD processes requests as follows:

1. Environmental Site Assessment Repository (ESAR): Due to the large volume of site assessment requests received, the department developed the ESAR to provide applicants with documents including scientific and technical information about assessed and/or reclaimed sites throughout Alberta. To manage such a high demand of requests for information, these documents have been made available in an online, searchable database. In 2012-13, 152,615 documents were delivered through the ESAR.

Disclosure of Information from Environment and Sustainable Resource Development (ESRD)


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Fees

Fees are standard and set out in Schedule 2 of the FOIP

Regulation. In 2012-13, government ministries, agencies,

boards and commissions collected less than $105,000.

The government of Alberta, provincial boards, commissions

received 2,527 general requests in 2012-13 and 1,730

personal requests. Provincial bodies waived approximately

17 per cent of request fees assessed in support of the public

interest or for reasons of inability to pay.

v17Freedom of Information and Protection of Privacy Annual Report 2012-13

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Why Information was Not Released

The following tables summarize the sections of the FOIP

Act cited by provincial public bodies as the basis for not

completely disclosing information. Exclusions are when

records that do not fall under the FOIP Act are requested.

Exceptions to disclosure apply to information to protect the

reasonable personal privacy and business interests of third

parties, to protect the decision-making process or for other

limited and specific reasons outlined in the FOIP Act.

The number of occurrences indicates the number of

requests where a particular section of the FOIP Act was

used. Because several sections may be used on a single

request, the number of occurrences is not related to the

number of requests completed.

Sections of the Act AppliedExceptions

Sections of Number of the Act Used Occurrences

4(1)(a) Court/judicial records 133 4(1)(l) Registry records 43 4(1)(q) Communications between MLAs and/or members of Executive Council 31 4(1)(k) Incomplete prosecution records 12 4(1)(d) Records of Officers of the Legislature 12 4(1)(g) Examination/test questions 8 4(1)(p) Speaker/MLA records in Legislative Assembly Office 8 6(4)(b) Ministerial briefing for a session of the Legislative Assembly 7 4(1)(b) (Quasi) judicial notes, communications, draft decisions 7 5 Other legislation paramount 3 4(1)(o) Personal/constituency records of members of Executive Council 3 4(1)(j.1) Published works collected by a library 2 4(1)(u) Health information as defined in the Health Information Act 2 6(4)(a) Ministerial briefing for a new portfolio 1 4(1)(j) Non public body records in Provincial Archives 1 4(1)(f) Advice to the Ethics Commissioner re: Conflict of Interest 1

Sections of the Act AppliedExclusions

Sections of Number of the Act Used Occurrences

17 Third party - personal information 1092 27 Privileged information 357 24 Advice from officials 335 21 Intergovernmental relations 170 20 Law enforcement 149 16 Third party - business/tax interests 106 25 Harmful to economic or other interests of a public body 71 29 Information otherwise available to the public 55 22 Cabinet and Treasury Board confidences 22 12 Refuse to confirm or deny existence of a record 19 26 Testing procedures, tests and audits 15 19 Confidential evaluations 12 18 Harmful to individual or public safety 10 28 Harmful to conservation 3 23 Local public body confidences 1


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Response Times

Government ministries, agencies, boards and commissions

fulfill a high volume of FOIP access requests within a short

time, ensuring effective access to government information

to Albertans. 85.3 per cent of requests to provincial public

bodies went to applicants within 30 days and 94.7 per cent

within 60 days. For local public bodies, 80.1 per cent of

requests processed within 30 days and 93.3 per cent

within 60 days.

Response times have fallen from 2011-12. This is primarily

attributed to increased volumes. The FOIP Act states that

request must normally be completed within 30 days of the

date it was received. However, the Act allows the head of a

public body to extend this of another 30 days under three

circumstances: if consulting with another public body or

a third party requires more time, if the request isn’t clear

enough to identify which records the applicant wants,

or if the request is for a very large number of records.

Response times

Percentage of completed requests and the number of days to complete the request


Response times

Percentage of completed requests and the number of days to complete the request


■ 2012-13 ■ 2011-12

60+ days

31-60 days

30 daysor less

7.4%

4.5%

88.1%

9.4%

5.3%

85.3%

■ 2012-13 ■ 2011-12

60+ days

31-60 days

30 daysor less

11.3%

4.7%

84.0%

13.2%

6.7%

80.1%


Contact Information

Information Access and ProtectionService Alberta

Office hours: Monday to Friday, 8:15 a.m. to 4:30 p.m.Office phone: 780-422-2657FOIP Helpdesk: 780-427-5848Toll free: In Alberta, dial 310-0000 then enter 780-427-5848Fax: 780-427-1120E-mail: [email protected]: www.servicealberta.ca/foipFOIP Statistics: www.servicealberta.ca/foip/resources/statistics.cfm

08/2013 200ISSN 1485-5372

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