Foip Guidelines And Practices Chapter 7 Protection Of-Books Pdf

FOIP Guidelines and Practices Chapter 7 Protection of
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Chapter 7 Protection of Privacy, unless the information is outside the scope of the Act see sections 1 5 and 1 6 of. Chapter 1 regarding excluded records and the effect of paramountcy respectively. Part 2 requirements are based on internationally accepted fair information practices. or principles adopted by the Organization for Economic Cooperation and. Development OECD in 1982 This set of principles collectively works to establish. what is commonly referred to as privacy protection An individual s privacy is. protected when the individual is able to decide who to give their information to is. aware of how the information will be used and disclosed and gives consent to use. and disclose the information if appropriate,Privacy is protected in the FOIP Act by. giving individuals a right of access to their own personal information and the. opportunity to request corrections to it, collecting personal information only as authorized by law. requiring public bodies to collect personal information directly from the. individual the information is about unless the individual another Act or a. regulation under another Act the Information and Privacy Commissioner or. section 34 1 b to o of the FOIP Act authorizes collection from someone else. requiring public bodies to provide individuals with notice of the authority for the. collection the purposes for which the information is collected and contact. information for a person who can explain the collection process in more detail if. requiring public bodies to ensure that information that will be used to make a. decision about an individual is accurate and complete. requiring public bodies to retain information used to make decisions affecting an. individual for at least one year unless the public body and the individual agree. otherwise to allow adequate time for the individual to exercise their right of. access or correction if they choose to, requiring public bodies to take reasonable security precautions against such risks. as unauthorized access collection use disclosure or destruction. limiting a public body s use and disclosure of personal information to the purpose. for which it was collected a consistent purpose another purpose with consent or. a purpose set out in the Act, further limiting a public body s use and disclosure of personal information to the.
amount and type necessary to enable the public body to carry out its purpose in a. reasonable manner, enabling individuals to make complaints to the Commissioner and empowering. the Commissioner to investigate complaints regarding possible collection use or. disclosures in contravention of Part 2, enabling employees of a public body to disclose to the Commissioner in good. faith circumstances in which they believe that personal information is being. collected used or disclosed in contravention of Part 2 see section 2 9 of. Page 234 FOIP Guidelines and Practices 2009,Chapter 7 Protection of Privacy. requiring each public body to publish a directory of its personal information. banks repositories of personal information that can be searched by name or. identifier and, providing for fines for individuals of up to 10 000 if they wilfully collect use or. disclose personal information in contravention of Part 2 or gain or attempt to. gain access to personal information in contravention of the Act among other. The FOIP Act does however also recognize that public bodies must collect and. maintain a variety of personal information for purposes related to direct service. delivery to members of the public or for broader public purposes In some instances. authority to collect use or disclose personal information is expressly granted in the. FOIP Act In others cases the authority to collect use of disclose personal. information is granted by other enactments of Alberta or Canada. FOIP Coordinators are advised to take a comprehensive and collaborative view of. privacy protection within their public bodies and involve individuals with. responsibility for program management information technology records and. information management security human resources and at times their legal counsel. FOIP Coordinators should also be aware of other privacy legislation that governs. bodies with which they interact For example a public body may not be able to. collect personal information from a private sector organization in Alberta if that. organization is not authorized to disclose the information under the Personal. Information Protection Act PIPA, Under the FOIP Act public bodies are accountable for adhering to the privacy.
protection rules established in Part 2 and are accountable for ensuring that other. organizations acting on behalf of the public body also adhere to these rules It is in. the public body s best interest to ensure that their obligations and requirements under. the Act are clearly understood by any contractor or agent and the obligations are. clearly communicated in the contractual agreement, For further information on the application of the Act to the contracting process see. Managing Contracts under the FOIP Act A Guide for Government of Alberta. Contract Managers and FOIP Coordinators published by Access and Privacy. Service Alberta, 7 1 Authority for collection of personal information. Collection Public bodies cannot collect personal information unless the collection is authorized. of Personal under section 33 of the Act Section 33 of the Act authorizes the collection of. Information personal information if, the collection of personal information is expressly authorized by or under an. enactment of Alberta or Canada, the personal information is collected for the purposes of law enforcement or. the personal information relates directly to and is necessary for an operating. program or activity of the public body,FOIP Guidelines and Practices 2009 Page 235.
Chapter 7 Protection of Privacy, Collection occurs when a public body gathers acquires receives or obtains personal. information It includes the gathering of information through forms interviews. questionnaires surveys polling and video surveillance There is no restriction on. how the information is collected The means of collection may be writing audio or. videotaping electronic data entry or other means, Section 33 of the Act states that collection can take place by or for a public body. A public body is bound by the requirements of the Act whether it conducts its own. collection activities or an outside agent carries out the collection on the public body s. behalf This authorization may be either under contract or through an agreement or. arrangement with another public body or private organization. Examples of organizations and individuals that might collect personal information on. behalf of a public body include non profit support groups such as the John Howard. Society school counsellors and various contracted organizations. When an outside organization or contractor is, collecting personal information on behalf of a public. body the public body should have in place a written. agreement or contract This must state how the, organization or contractor will meet the requirements. of the FOIP Act regarding the collection use, disclosure security retention and disposition of the.
personal information being collected,Authorized by an enactment. Section 33 a Section 33 a provides that collection may be expressly authorized by an enactment. of Alberta or Canada, An enactment includes an Act or regulation or any part of an Act or regulation A. municipal bylaw passed under the authority of the Municipal Government Act may. also be considered an enactment for the purposes of section 33 a In IPC. Investigation Report F2002 IR 009 the Investigator found that a municipal bylaw. expressly authorized the City to collect criminal record information from applicants. for taxi licences, In some Acts there are provisions for the collection of certain specific types of. personal information In these cases the statute both authorizes collection and. identifies the personal information that can be collected e g section 65 of the. Post secondary Learning Act More commonly an Act will authorize a program or. activity and a regulation under that Act will provide detailed authority for collection. and sometimes the format in which the information is to be collected An example of. this form of authorization for collection is the School Act and the Student Record. Regulation Another model for collection authority is where an Act states that. collection of personal information must be in the form prescribed by a regulation. under that Act, If an enactment authorizes a program or activity but there is no specific authorization. for the collection of information for the purposes of the program or activity a public. body cannot rely on the enactment as authority for collection of the information It is. Page 236 FOIP Guidelines and Practices 2009,Chapter 7 Protection of Privacy.
not sufficient for an enactment to imply an ability to collect personal information see. IPC Order F2006 004, If a particular collection of personal information is not authorized under section. 33 a it might be authorized under section 33 b or c. For the purposes of law enforcement, Section 33 b Section 33 b permits the collection of personal information for the purposes of law. enforcement Law enforcement is defined in section 1 h of the Act and is discussed. in section 4 6 of Chapter 4 It includes policing administrative investigations and. proceedings that could lead to a penalty or sanction Any collection of personal. information for purposes of law enforcement must meet this definition. Section 33 b recognizes that law enforcement agencies must engage in wide ranging. information collection that would not always be allowed under the more restrictive. terms of section 33 c It would be difficult for a law enforcement agency to show at. the moment of collection how each piece of personal information collected for. investigative or enforcement purposes relates directly to or is necessary for the. activity under way Certain investigative methods such as taking witness statements. might be seriously compromised by limiting the collection of personal information. In IPC Investigation Report F2003 IR 005 the Information and Privacy. Commissioner reviewed a Privacy Impact Assessment submitted by a police service. regarding video surveillance it intended to use in an area of the city during two. periods of highest crime risk The Commissioner agreed that the police service could. collect and use personal information on video for this law enforcement activity. which included the detection and prevention of crime. If a public body is authorized to collect personal information under this provision it. is also authorized to collect the information indirectly under section 34 1 g. For more information on collection for the purposes of law enforcement and about. the definition of law enforcement see FOIP Bulletin No 7 Law Enforcement. published by Access and Privacy Service Alberta, Relates directly to and is necessary for an operating program or activity. Section 33 c Section 33 c permits a public body to collect personal information when that. information relates directly to and is necessary for an operating program or activity. of the public body, Relates directly to means that the personal information must have a direct bearing on. the program or activity, Necessary for means that the public body must have a demonstrable need for the.
information, An operating program is a series of functions designed to carry out all or part of a. public body s operations An activity is an individual action designed to assist in. carrying out an operating program,FOIP Guidelines and Practices 2009 Page 237. Chapter 7 Protection of Privacy, Most often legislation will give authority for a particular program or activity without. authorizing the collection of specific personal information Public bodies must then. determine the exact elements of personal information which they need to administer a. particular program and design collection instruments to obtain this information and. no more i e the public body must have a need to know Collection is authorized. by section 33 c of the Act, The FOIP Act does not permit collection of personal information just in case it may. have value in the future the program may be expanded in the future or someone in. the public body may ask for the information at some point in the future. The word and in section 33 c relates directly to and is necessary is restrictive The. collection must meet both parts of the two part test in order for the public body to use. section 33 c as authority to collect personal information. For example if a program provides a particular benefit or service information will be. needed to ensure that an individual is eligible or qualified for that benefit or service. Personal information not related to decision criteria for the particular benefit or. service is not required and should not be collected even though it may be potentially. useful to another program in the same public body, In IPC Order 98 002 the Commissioner determined that the case manager making a.
decision about an individual s claim for compensation had the right to decide what. medical information was relevant and necessary to collect but was bound by the. use disclosure and retention of personal information The Act also contains rules regarding the accuracy of personal information and gives individuals the right to request a correction to their personal information in the custody or control of a public body Most of the provisions respecting the protection of personal information are found in Part 2 of the Act however personal privacy is

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