The Office of the Information and Privacy Commissioner of Alberta ('OIPC') published, on 21 March 2022, its Order No. P2022-02 (Case File Number 008475) as issued on 8 March 2022, in which it ordered the College of Physicians and Surgeons of Alberta to honour an access to information request in violation of Section 27(1)(a) of the Personal Information Protection Act, SA 2003 c P-6.5 ('PIPA'), following a complaint by an unnamed individual.

Background to the decision

In particular, the OIPC stated that the unnamed individual made an access to information request under PIPA to the College of Physicians and Surgeons to which the College of Physicians and Surgeons responded, on 19 January 2018, omitting some information in line with the exceptions to disclosure under Sections 24(2)(a), (c), (d), and 24(3)(b) of PIPA.

In addition, the OIPC stated that the unnamed individual was not satisfied with the response they received and thus sought a review from the OIPC where they alleged that the College of Physicians and Surgeons deliberately withheld records in response to the access request and otherwise failed to meet its duty to assist under Section 27(1)(a) of PIPA.

Findings of the OIPC

Thus, the OIPC found that the College of Physicians and Surgeons had failed to meet the duty under Section 27(1)(a) in two ways:

• it failed to search for records from one email account using all the variations of the unnamed individual's name and initials specified in the access request; and
• it did not search for records in the possession of its legal counsel, although there was a high probability that legal counsel would have responsive records.

Outcomes

As such, the OIPC ordered the College of Physicians and Surgeons to:

• ask its legal counsel if it had any responsive records;
• search one email account for responsive records using the variations of the unnamed individual's name and initials specified in the access request; and
• confirm to the OIPC and the unnamed individual, in writing that it has complied with the order within 50 days of receiving it.

You can read the Order here.