The Office of the Information and Privacy Commissioner of Alberta ('OIPC') published, on 18 January 2023, Case File No. 027713, as issued on 11 January 2023, in which it did not authorise Caron & Partners LLP to disregard an access request under Section 37 of Personal Information Protection Act, SA 2003 c P-6.5 ('PIPA').

Background to the decision

In particular, the OIPC detailed that Caron & Partners stated that it had received an access request from a former employee, on 4 September 2022, which provided background information about the applicant's relationship with Caron & Partners. Further to this, the OIPC noted that Caron & Partners stated that they are not a public body and therefore would be governed under PIPA, instead of the Freedom of Information and Protection of Privacy Act R.S.A. 2000, c. F-25.

Findings of the OIPC

Moreover, the OIPC highlighted the burden of proof, and noted that Caron & Partners must establish, on a balance of probabilities, that the thresholds in Sections 37(a) or 37(b) of the PIPA are met. Moreover, the OIPC noted a discrepancy in Caron & Partners' submission and emphasised that the findings of a previous case did not apply to this matter.

Outcomes

Thus, the OIPC did not grant authorisation to Caron & Partners to disregard the applicant's access request under Section 37 of PIPA.

You can read the decision here.