November 29, 2024
Following introduction of legislation to amend Alberta’s Bill of Rights, the government has tabled two new bills that could impact privacy rights in Alberta: Bill 33, the Protection of Privacy Act, and Bill 34, the Access to Information Act. These proposed laws will update how public bodies handle personal information and how they respond to access to information requests. Bills 33 and 34, if passed, will replace the Freedom of Information and Protection of Privacy (FOIP) Act.
These bills aim to enhance privacy protections, improve access to information, and modernize regulations to meet today’s technological challenges. Importantly, they will affect only public bodies in Alberta—such as a government department, branch or office, an agency, board or commission, an educational body (like a school board or postsecondary institution), or a local government body (such as a municipal government, police service, or library). They will not impact private-sector employers, who remain governed by laws like the Personal Information Protection Act (PIPA).
Bill 33: Strengthening Privacy Protections in Alberta’s Public Sector
According to the government, Bill 33, the Protection of Privacy Act (POPA) is a response to growing concerns among Albertans about how their personal information is handled by public bodies. In an era where digital records, AI, and automated systems are commonplace, the existing FOIP Act no longer reflects the complexities of modern data management. POPA, not to be confused with PIPA, aims to address these challenges by introducing stronger privacy protections and ensuring public bodies adopt best practices to safeguard personal data.
Bill 33 prohibits selling personal information for any purpose, including marketing or advertising, and mandates that individuals be notified if their personal data will be used in automated systems to generate decisions, predictions, or recommendations, such as those involving artificial intelligence (AI). Public bodies will now have to implement privacy management programs and conduct privacy impact assessments. There also are new provisions for reporting privacy breaches. Additionally, Bill 33 introduces some of Canada’s strictest penalties for the misuse of personal information, with fines of up to $750,000 for organizations and $125,000 for individuals found to be mishandling personal data.
The Office of the Information and Privacy Commissioner (OIPC) has pointed out that ministers within the Government of Alberta appear to be exempt from many of the requirements in POPA. It remains to be seen what standards for data protection and limits on the use of personal information will apply to ministers and their staff.
Bill 34: Enhancing Access to Public Sector Information
While Bill 33 focuses on strengthening privacy, Bill 34, the Access to Information Act (AIA), is aimed at improving public access to information held by public bodies. As technology has changed the way information is created, stored, and shared, the existing FOIP Act no longer fully addresses the complexities of modern record-keeping or the increasing demand for transparency in government operations.
Bill 34 empowers public bodies to proactively disclose more information to the public, eliminating the need for formal access requests. The bill also establishes clear timelines for reviewing and responding to access requests, ensuring more efficient and predictable processes.
The AIA also attempts to clarify what kind of documents and information can be withheld by public bodies and would not be subject to mandatory disclosure. Some critics have expressed concern that these exceptions to disclosure are too expansive and would actually authorize public bodies to withhold more records than under existing legislation. They argue that expanded provisions dealing with Cabinet privilege and Treasury Board confidence, as well as advice from officials, could include a wide range of communication between political staff and other members of the government and shield this information from disclosure to the public. The AIA would also exempt from disclosure information related to workplace investigations and information that would be harmful to the economic interests of the public body.
What do these new Bills mean for your workplace?
- They do not apply to most workplaces: Proposed legislation in Bills 33 and 34 will only apply to public bodies in Alberta. Private sector employers will not be affected by these new statutes.
- Some of the language remains unclear: With any new law, there are always questions about how particular sections will be interpreted or applied in practice. Some have suggested that the language in Bills 33 and 34 is overly broad and might actually make it harder for the public to access information held by public bodies in certain cases. These Bills are still subject to amendment and regulations implemented at a later date might add some clarity. Ultimately, any concern about imprecise language or the scope of these changes might have to wait until the provisions are challenged in court.
- If you work in the private sector, these new Bills will not have any impact on your employment: The new POPA and AIA will not impact your personal information in the workplace unless you work for a public body. Private sector employees continue to be protected by legislation such as PIPA. However, if your employment involves seeking access to government records or other information held by a public body, these new statutes will change how you approach access requests.
- Enhanced privacy protections for individuals: Regardless of whether you work in the public or private sector, these new statutes will provide additional protection for your personal information held by public bodies in Alberta. Public bodies will need to implement new processes to safeguard your information and prevent unwarranted disclosure. Privacy breaches will be treated seriously and you should be notified if any of your information is involved in a breach. Clear guidelines will be in place for what the public bodies can use your information for and significant penalties may be imposed on anyone who contravenes these rules.
If you have questions about how the introduction of Bill 33 and Bill 34 might impact your workplace or need legal advice on how to best prepare for these changes, please contact a member of our Employment & Labour Law Group.
Author
Stephen Torscher
Partner and Employment and Labour Law Group Co-Chair
T: 403.705.3660
E: [email protected]