Information chief asks legislature to overhaul province’s privacy law
Alberta’s information commissioner says her office can’t do its job properly unless the government overhauls the province’s privacy law.
Jill Clayton said her office has been having trouble getting information from the government it needs to determine if it can grant information requests. She said some requests from opposition parties, the media and the public have been stymied going back to 2012.
The problems include the government redacting huge sections of reports — in one instance, 466 pages of records were entirely blacked out, with no explanation — and government lawyers speaking for witnesses her investigators want to interview.
Clayton said the delays were the subject of a recent Supreme Court ruling that found the problem is with the wording of Alberta’s Freedom of Information and Protection of Privacy Act.
Clayton’s office tabled two reports in the legislature Tuesday outlining the problems, including a request to change the law to make it more effective.
“I am deeply disappointed in how this matter has unfolded,” Clayton said Tuesday.
“What should have been a relatively straightforward investigation has concluded under a shadow that brings the very notion of independent oversight of the executive branch of government into question and has the potential to erode public confidence in an open and accountable government.”
Clayton said her office should have the power to require the government to give it the records it needs and to determine if they are protected by legal privilege.
She said the law needs to be updated so people can get information in an affordable, timely way to hold the government to account.
Clayton said when the NDP was in opposition, it asked for an investigation into why the Progressive Conservative government
I am deeply disappointed in how this matter has unfolded.
was taking so long to grant its request for information.
“My main concern is this affects my ability to do my job,” Clayton said.
“Access to information is of fundamental importance to democracy and citizens participating in democracy. Citizens have a right to know what information the government has about them.”
The Wildrose party said it is deeply troubled by Clayton’s reports. House leader Nathan Cooper said chronic delays and political interference are rampant under the NDP government.
“Not only has the NDP government not eliminated the unethical practices it used to oppose, it’s actually embraced them,” Cooper said.
Alberta Justice Department officials were not immediately available for comment.