Access and Privacy Legislation

What are the Access to Information Act (ATIA) and the Protection of Privacy Act (POPA)?

These two acts came into force on June 11, 2025, and replaced the Freedom of Information and Protection of Privacy Act (FOIP Act). The FOIP Act was Alberta’s first piece of access and privacy legislation and had been in place since 1995, with differing dates for additional public bodies (i.e. MUSH sector records, including municipalities, universities, schools, and hospitals).

The 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.

The POPA is the legislative framework by which public bodies may collect, use, or disclose personal information and requires the protection of personal information held by public bodies. As well as allows public bodies to create, use and disclose non-personal data in limited circumstances.

More information on these acts can be found on the Government of Alberta’s Access to Information Act and Protection of Privacy Act websites.

What records at the Provincial Archives of Alberta are subject to Access and Privacy legislation?

All government records received by the Provincial Archives of Alberta after October 1, 1995, are automatically subject to Access and Privacy legislation. Government records received prior to 1995 that had access conditions placed on them and were not routinely available as of October 1, 1995, are also subject to Access and Privacy legislation.

All records from the MUSH sector received after Access and Privacy legislation was enacted for that public body are subject to Access and Privacy legislation. Additionally, any MUSH sector records received prior to the enactment of Access and Privacy legislation that had access conditions placed on them and were not routinely available, are also subject to Access and Privacy legislation.

What records at the Provincial Archives of Alberta are NOT subject to Access and Privacy legislation?

All records donated to the Provincial Archives by private individuals or non-government and non-MUSH organizations are not subject to Access and Privacy legislation. However, there may be access conditions placed on some of these records for other reasons.

Government and MUSH sector records received prior to access and privacy legislation being enacted, that did not have access conditions placed on them, are routinely available outside the Access to Information process.

How does a member of the public access records subject to Access and Privacy legislation?

If a member of the public wants to access records that are subject to Access and Privacy legislation, they must speak to the Access Archivist at the Provincial Archives of Alberta. With the Access Archivist's assistance, the applicant will fill out a formal Access to Information (ATI) request. Once a formal request is made, the Provincial Archives has 30 business days to respond to it.

If the information being requested is the applicant's own personal information, there is no initial fee. If the request is not for the applicant’s own personal information, a non-refundable $25.00 application fee will be charged. All ATI requests are processed through the online Access to Information Request Service.

How do government departments access records that they created that have been transferred to the Provincial Archives of Alberta and are subject to Access and Privacy legislation?

If an employee of a government department wants access to their department's records held by the Provincial Archives that are subject to Access and Privacy legislation, please contact a Government Records Archivist.

Directory of Personal Information Banks

Each Alberta government department is required to make available to the public a directory of personal information banks (PIBs) that lists the type of personal information held by a public body. Members of the public can view a PIB to get information about: - The title or name of the information bank - The location of the information bank - What kind of personal information is contained in the information bank - What categories of individuals the information pertains to - Why the information was collected and how it is used and/or disclosed - The legal authority for the collection of the information.

A PIB does not provide direct access to an individual's records; rather, it provides information about the kind of content the records contain and the reason it was collected. - Download: Directory of Personal Information Banks for the Provincial Archives of Alberta