Alberta’s Information and Privacy Commissioner, Diane McLeod, has expressed concerns about two bills currently being debated in the Alberta legislature. The bills, supported by Premier Danielle Smith’s government, aim to amend existing access to information and privacy rules and are said to be the strictest privacy regulations in Canada. However, McLeod believes that the bills contain fuzzy definitions and insufficient guardrails, which could create legislative holes if approved. She outlined her concerns and suggested changes in letters sent to the sponsors of the bills, Technology Minister Nate Glubish and Service Alberta Minister Dale Nally.
One of the bills, introduced by Glubish, would create a separate act for the protection of privacy. McLeod raised concerns about a provision in the bill that would allow the personal information of a minor to be shared without their permission if it was deemed to be in the youth’s best interest. She emphasized that if disclosure is truly in the best interests of a minor, it should be with their consent. Additionally, she pointed out that the bill does not clarify who would determine the best interests of minors or what exactly best interest means. McLeod also expressed concerns about privacy risks related to the use of automated systems by government bodies to collect and make decisions around personal data.
In the letter, McLeod also addressed the proposed changes to Alberta’s freedom of information rules put forward by Nally. She highlighted her concerns about the government gaining more power to avoid disclosing information to the public by exempting virtually all communication between political staff and members of the cabinet from disclosure. Nally defended this change, stating that such electronic communication should be confidential as freedom of information is about access to government documents, not political conversation. However, McLeod argued that the bill’s broad disclosure exemptions for government records relating to labor relations and workplace investigations, without defined terms, could hinder access rights rather than improve them.
Both Glubish and Nally have acknowledged McLeod’s concerns and stated that they will review them along with her recommendations in the coming days. Glubish mentioned that the government provided McLeod with unprecedented access during the development of the legislation. However, McLeod clarified in a statement that her office did not see the finished bills until they were introduced in the legislature. The bills have passed first reading in the assembly and will need to go through three more readings and debates before receiving royal assent.
In summary, Alberta’s information and privacy commissioner has raised significant concerns about two bills that aim to amend existing access to information and privacy rules. Diane McLeod highlighted issues such as fuzzy definitions, insufficient guardrails, and potential legislative holes in the bills. She specifically addressed concerns about the sharing of personal information of minors without their consent, the use of automated systems for data processing, and the broad disclosure exemptions proposed for government records. The sponsors of the bills, Technology Minister Nate Glubish and Service Alberta Minister Dale Nally, have committed to reviewing McLeod’s concerns and recommendations before the bills proceed further in the legislative process.
