Alberta’s government has introduced the Protection of Privacy Act, proposing to strengthen privacy safeguards for residents by updating legislation for the digital age and imposing some of the strictest penalties in Canada.
The new act seeks to divide the existing Freedom of Information and Protection of Privacy (FOIP) Act into two separate laws: the Access to Information Act and the Protection of Privacy Act. According to the government, this separation will ensure that both access to information and privacy receive dedicated attention.
“Albertans should have the strongest privacy protections in Canada. This legislation would deliver exactly that. The privacy of Albertans is non-negotiable,” said Nate Glubish, Minister of Technology and Innovation.
If passed, the Protection of Privacy Act would require public bodies to pay closer attention to how they manage personal information, introducing requirements such as privacy management programs and privacy impact assessments. Public bodies would need to consider privacy implications when creating or modifying programs, services and systems.
The legislation aims to mandate global best practices that many Alberta public bodies may already have in place. It also proposes introducing some of the strictest penalties in the country, allowing courts to impose significant fines on public bodies and individuals who knowingly contravene the act.
Penalties under the proposed act could range up to $125,000 for individuals and $750,000 for organizations that knowingly violate personal information protections, and up to $200,000 for individuals and $1 million for organizations that contravene data and non-personal information provisions.
Between 2020 and 2024, extensive reviews and stakeholder engagements identified the need to clarify definitions and authorities, include privacy management requirements and provide clear guidelines for how public bodies protect privacy when delivering programs and services.
To prevent administrative burden, the requirements would be proportional to the size of the public body, the personal information it holds and the complexity of its programs and services.
If enacted, the Protection of Privacy Act and the Access to Information Act would represent the first major upgrade to Alberta’s access and privacy laws since the early 2000s.
