Modernizing access to information for the digital age

Albertans increasingly rely on technology and digital platforms in their everyday lives, whether they are shopping online, opening a bank account or applying for a job. The previous Freedom of Information and Protection of Privacy (FOIP) Act did not account for an increasingly digital environment, or for the sheer complexity of records that are now being managed by public bodies to provide services to Albertans.

Alberta's government is proposing to divide the Freedom of Information and Protection of Privacy (FOIP) Act into two acts, one focused on access to information and the other focused on privacy. Separating the act will help ensure access to information and privacy each receive the dedicated attention they deserve.

The new Access to Information Act would bring Alberta in line with the other jurisdictions, which have all updated their legislation. Changes to access to information laws would modernize the language used to refer to access to information, and streamline processes to provide Albertans with faster, concrete response times for access to information requests.

"The FOIP Act came into force in 1995 and has not been updated in the last 20 years. The world has continued to evolve, but our legislation has not. We have heard from Albertans that updating our access to information and privacy legislation is long overdue. By separating the act, we are streamlining processes and reducing administrative burden and red tape."

The new act would allow public bodies to proactively disclose information, making it easier for Albertans to receive more information from government and other public bodies. It would also better define cabinet confidentiality, in the same way other Canadian jurisdictions have, and streamline processes in a way that allows government officials to focus on good governance.

If passed, the proposed Access to Information Act would:

• Clarify and enhance regulatory functions, including those of the Office of the Information and Privacy Commissioner (OIPC).
• Set out clear timelines for OIPC to complete reviews and respond to access requests.
• Empower public bodies to proactively disclose information outside the access to information process - making it easier for Albertans to access more information.
• Clarify timelines and extension processes for access requests; for example, allowing more flexibility to extend timelines for processing FOIP requests during emergencies.
• Mandate a review of the act every six years.

Quick facts

• In November 2019, a joint resolution from information and privacy commissioners across Canada urged all provinces and territories to update their access and privacy legislation.
• Since then, all other provinces and territories have updated their legislation.
• If passed, the Access to Information Act and the Protection of Privacy Act will mark the first major update to Alberta's access and privacy laws since the early 2000s.
• Over the past four years, the government has conducted comprehensive reviews and extensive engagement to assess the effectiveness of the FOIP Act in an age of rapidly evolving technology. The input gathered from these activities helped inform the changes being proposed.

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