Albertans have been clear about how important their privacy is to them. Protection of privacy is important to government, too. In January, the government released Alberta’s Privacy Management Framework and Data Ethics Framework, which introduced “privacy by design” principles that put protection of personal information at the forefront of business decisions. To further that framework, proposed amendments to the Freedom of Information and Protection of Privacy (FOIP) Act would strengthen privacy protections for 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 Protection of Privacy Act would update Alberta’s privacy legislation for the digital age, strengthen the rules that govern the protection of personal information held by public bodies, put in place tools that will provide Albertans with information and confidence regarding privacy practices of public bodies, enhance and streamline regulatory functions, and improve accountability and compliance.

“Albertans should have the strongest privacy protections in Canada. This legislation would deliver exactly that. The privacy of Albertans is non-negotiable. And come hell or highwater, I’m here to protect it.”

Nate Glubish, Minister of Technology and Innovation

If passed, the Protection of Privacy Act would build on the existing protection of privacy law by requiring more attention from public bodies in how they manage personal information and by introducing requirements related to data in their possession about individuals. Public bodies will need to consider the privacy implications of how personal information is managed in the way they do business and when creating or making changes to their programs, services and systems.

The legislation seeks to mandate global best practices that many public bodies in Alberta may already have in place, such as requiring privacy management programs and privacy impact assessments. These tools help ensure that public bodies are strategic in the way they develop, deliver and manage their programs and services to respect and protect Albertans’ personal information.

To ensure public bodies and their staff are taking their responsibilities seriously, the proposed Protection of Privacy Act also seeks to introduce the strongest protections and strictest penalties in Canada. This will allow the courts to impose the full extent of the law for public bodies and individuals who knowingly contravene the proposed act.

Quick facts

  • The Protection of Privacy Act would build on the protections outlined in the FOIP Act based on feedback gathered during targeted engagements.
    • Between 2020 and 2024, extensive reviews and stakeholder engagements identified the need to clarify definitions and authorities, include privacy management requirements and data management practices, and provide clear guidelines for how public bodies protect the privacy of Albertans when delivering programs and services.
    • To prevent administrative burden to public bodies, the requirements would be proportional to the size of the public body, the personal information within each public body, and the complexity of the programs and services offered.
  • Penalties under the act would vary based on the nature of the offense but could range up to:
    • $125,000 for an individual and $750,000 for an organization that knowingly contravenes Part 1 of the proposed act, which relates to personal information.
    • $200,000 for individuals and $1,000,000 for organizations that contravene Part 2 of the proposed act, which relates to data and non-personal information.
  • If passed, the Access to Information Act and the Protection of Privacy Act would mark the first major upgrade to Alberta’s access and privacy laws since the early 2000s. 

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