What Personal Information is Subject to the FOIP Act?
What Personal Information is Subject to the FOIP Act?
In Alberta, all public bodies must comply with the Freedom of Information and Protection of Privacy (FOIP) Act, which aims to balance the public’s right to know about information held by those bodies and the individual’s right to privacy.
When we talk about information held by public bodies that are governed by FOIP, we recognize two categories:
General Information
Personal Information
General information is not explicitly defined in the Act but is understood as all records in custody or under the control of the public body other than those that are specifically personal information records protected under the Act. The real question is…
How is personal information defined under the FOIP Act?
“For information to be considered ‘personal’ under the law, the record must render the individual identifiable,” explains Joan Dunlop, Partner at Cenera and one of the Leads in the Privacy and Information Management Practice.
Section 1 (n) of the Act defines ‘personal information’ as recorded information about an identifiable individual, including but not limited to:
name, home address, phone, e-mail
race, national or ethnic origin, colour, religious or political beliefs or associations
age, sex, marital status or family status
identifying number or symbol
fingerprints, blood type, other biometric information
health and health care history, information about disability
educational, financial, employment, criminal history
opinions about an individual
opinions of an individual unless it is about someone else
“Some information on its own, while listed in the definition, may not make me identifiable,” Joan continues. “For example, my age written down doesn’t make me identifiable, unless my name or some other information about me is on that same record or can be linked to other information about me.”
On the other hand, there are things that people consider personal that aren’t covered under FOIP. “My name on a land title document is my personal information. However, the legal land description and the assessed value is not,” concludes Dunlop.
As privacy concerns and public awareness grow in our interconnected world, regulators are cracking down. Now is the time for organizations to review their privacy and information management strategies to ensure that sensitive information is protected, and organizational reputations are managed. If you have questions or concerns about navigating the privacy landscape, you’re not alone, and we can help.
Cenera’s Privacy and Information Management team offers expert FOIP support and training, helping newly appointed FOIP Coordinators and public body employees understand their Access, Privacy and Information Management obligations.
Register today!
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