Access to Information and Protection of Privacy

The Access to Information Act (ATIA) allows access to records held by public bodies in Alberta and is the cornerstone of an open, accessible and accountable public body. It aims to strike a balance between the public’s right to know information and protecting confidential information required to ensure effective operations of government and public bodies.

For information and resources for the ATIA visit the Government of Alberta’s website.

The Protection of Privacy Act (POPA) in Alberta establishes the laws that public bodies must follow when they collect, use, or disclose personal information. It requires that public bodies protect personal information and controls how public bodies can create, use and disclose non-personal data.

POPA ensures a balance between facilitating efficient public services and safeguarding individual privacy rights.

For information and resources for the POPA visit the Government of Alberta’s website.

FOIP is short for the Freedom of Information and Protection of Privacy Act (POPA).

On June 11, 2024, the Access to Information Act (ATIA) and the Protection of Privacy Act (POPA) were proclaimed and the FOIP Act was repealed.

As a member of the public, you have a powerful right to access records held by public bodies under the Access to Information Act (ATIA). You can ask for existing records that a public body already has. This includes documents, emails, reports, data files, photos, videos, and more. 

The ATIA does not require a public body to:

• Answer a question.
• Create a new document or report for you.
• Provide an opinion or analysis.

The ATIA recognizes that it can be challenging to know exactly what records exist or how to describe them. That's why each public body has an ATIP Coordinator whose job it is to help you gain access to the City’s records. If you're unsure how to phrase your request or what specific records might exist, you should contact the City’s Access and Privacy Office (APO) by email APO@lethbridge.ca or calling 311 or 403-320-3111 (if outside of Lethbridge). 

You can make an access to information request by completing the Access to Information Request Form.

No, not always!

Lots of information held by the city is already available to everyone without needing to make a special request. This is called "routine disclosure" or "proactive disclosure."

For example, things like:

• Meeting minutes from city council
• Budgets or financial reports
• Policies and bylaws
• Maps and datasets

If you can’t find the information you’re looking for on our website, you can also ask the department or person who deals with that information.

You usually only need to make a formal ATI request when the information you want isn't already available to the public, or if it contains personal information. It's always a good idea to ask first if you can get the information without a formal request! It might save you time and money.

You can make an access to information request by completing the Access to Information Request Form. 

No, you don't have to tell us why you're asking for information.

However, sometimes if you share why you're interested, the Access and Privacy Office (APO) might be able to help you find exactly what you're looking for more easily within all the city's records.

Think of it like this: if you tell a librarian what kind of book you want, they can help you find it faster!

The cost of an access to information request in Alberta depends on what kind of information you are asking for:

For your own personal information:
There is no initial application fee to request information about yourself.
However, you may be required to pay the cost of making copies of your records if the total is more than $10, If fees are required, we’ll let you know before we process your request. 

For general information (not your own personal information):
There is an initial $25 application fee for general information requests. This fee must be paid before we start processing your request. 

Additional fees may apply to some requests. This includes costs for:

• Searching for and finding the records.
• Producing records from electronic files.
• Making copies (photocopies, printouts, etc.).
• Producing copies of other media like audio or video.
• Converting files into a redactable format.

If the total estimated cost for processing your request is more than $150, we will provide you with a fee estimate. You will be asked to pay a 50% deposit of that estimated fee before we continue processing your request. Once processing is complete, you are provided with the actual fees for your request. Any outstanding balance must be paid before you are given the information. If the actual amount is less than the deposit amount you will receive a refund with the difference. 

Fee waivers: 
In some cases, fees might be reduced or waived entirely if you can't afford them, or if the disclosure of the information is considered to be in the public interest. If you would like to request a fee waiver, please contact the Access and Privacy Office (APO) by email APO@lethbridge.ca or by calling 311 or 403-320-3111 (if outside of Lethbridge).

Once you send in your request and the initial fees are paid, we will usually respond to your request within 30 business days. 

However, sometimes it can take a bit longer. This might happen if:

• We need to search through a lot of records.
• We need to talk to other people or organizations before they can release the information (for example, if the information is about someone else and they need to ask that person for permission).

If we need longer than 30 business days to respond to your request, we’ll provide you with an updated timeline and let you know why we need to extend the deadline. 

If you believe that personal information about you in City of Lethbridge records is incorrect, incomplete, or misleading, you have the right to ask for a correction under Alberta's Protection of Privacy Act (POPA).

To make a request to correct your personal information please contact the Access and Privacy Office (APO) by email APO@lethbridge.ca or calling 311 or 403-320-3111 (if outside of Lethbridge). 

The City of Lethbridge Access & Privacy Office (APO@lethbridge.ca) can assist you if you with any questions or concerns you have about how your personal information is collected, used or shared by the City of Lethbridge. 

You can also make a complaint to Alberta’s Office of the Information & Privacy Commissioner (OIPC) if you believe the City of Lethbridge has violated your rights under the Access to Information Act (ATIA) or the Protection of Privacy Act (POPA).

While your consent is generally required before the City can share your personal information, the Protection of Privacy Act (POPA) provides specific exceptions where your personal information can be disclosed without getting your consent.

Examples of specific situations where the City can disclose personal information without your consent are:

• To help with a law enforcement investigation that is likely to lead to a legal proceeding (like a criminal charge).
• To comply with a subpoena, warrant, or court order.
• In an emergency, a public body can share the least amount of personal information required to prevent or minimize serious harm to your health, safety, or the health or safety of another person without your consent.

When another law in Alberta or Canada specifically allows or requires the disclosure of your personal information to law enforcement or other parties without your consent.

Law enforcement agencies can request the disclosure of personal information under section 13 of POPA by completing the Law Enforcement Disclosure Request Form. 

After submitting the form, a City of Lethbridge employee will contact you as soon as possible after your form is submitted, usually within 1 business day of receiving your request. The City of Lethbridge may require additional documentation to confirm your identity and authority before records containing personal information are released.

If you're not happy with the City's decision about your access to information request, you can ask for help from an independent office called the Office of the Information and Privacy Commissioner (OIPC) of Alberta.

The OIPC is separate from the City and their job is to make sure that public bodies comply with the Access to Information Act (ATIA) and the Protection of Privacy Act (POPA).

You can ask the Commissioner to review decisions about things like:

• Information the City refused to give to you.
• If they redacted or removed from the information given to you.
• The amount of time it took to respond to your request. 
• If you think they collected, used, or shared your personal information in the wrong way.

You usually have a certain amount of time (often 60 days) after you get the City's decision to ask the OIPC for a review. You can find more information and forms on the OIPC website.