Access to Information and Protection of Privacy
Effective June 11, 2025, the Freedom of Information and Protection of Privacy Act (FOIP) has been replaced in Alberta by two pieces of legislation:
- Access to Information Act (ATIA) – governing the public’s right to access records held by public bodies.
- Protection of Privacy Act (POPA) – governing the collection, use, and disclosure of personal information.
These acts apply to all public bodies in Alberta, including Foothills School Division, and are designed to balance an individual’s right to privacy with the public’s right to access information from public bodies.
What This Means for Foothills School Division
Under ATIA and POPA, Foothills School Division is committed to:
- Providing a general right of access to records in its custody or control, subject to limited and specific exceptions as outlined in the ATIA.
- Protecting the privacy of individuals by ensuring personal information is collected, used, and disclosed only as permitted under the POPA.
- Allowing individuals to access and request corrections to their personal information.
- Ensuring transparency and accountability through independent oversight by the Office of the Information and Privacy Commissioner of Alberta.
Key Principles of ATIA & POPA
- Access to Records: Individuals have the right to access records held by Foothills School Division, with certain exceptions.
- Privacy Protection: Personal information is safeguarded and only disclosed when legally authorized or with consent.
- Correction Requests: Individuals may request corrections to their personal information.
- Independent Review: Decisions made under ATIA and POPA can be reviewed by the Information and Privacy Commissioner.
- Security and Confidentiality: All personal information is treated as confidential and protected against unauthorized access.
Collection and Use of Personal Information
Foothills School Division collects personal information through various methods to support educational programming and ensure the safety of students and staff. This information is:
- Treated as private and confidential.
- Used and disclosed only on a need-to-know basis or as authorized under the ATIA or the POPA.
- Shared with third parties only when legally required or with written consent.
Accessing Records
Foothills School Division has always made information available to students, their parents/guardians, employees, and the public. Most information can be obtained outside of the Access to Information Act by asking the school or department directly, or by going to the Division website. The ATIA and the POPA are complementary to, and do not replace, existing procedures for obtaining information held by the Foothills School Division. However, any routine disclosure of personal information by the Foothills School Division must comply with the Acts.
Documents Publicly Available
In keeping with our commitment to be open and transparent with the public, Foothills School Division routinely discloses the Division’s education plan, budget, audited financial statements, minutes of public Board meetings, policies, and Division achievement and diploma results.
In many instances, information is provided to individuals without having to submit a formal access to information request.
Making A Request Under the ATIA
If the requested information is not released through routine disclosure and the explanation for why it is being withheld is unsatisfactory, a request can be made under the Access to Information Act. ATIA requests must be made in writing to the Division’s Privacy and ATIA Officer, who is available to make every reasonable effort to assist applicants throughout the formal ATIA request process. The Request to Access Information (Public Bodies) process can be made in writing to the Privacy and ATIA Officer as outlined in Administrative Procedure 180.
Please note that requests for general information must include a cheque for the initial $25 processing fee made payable to the Foothills School Division. If applicable, fee estimates will be provided to applicants in accordance with the rates outlined in the ATIA and its regulations..
Once a request has been received, a letter will be sent to the applicant acknowledging receipt of the request and the date by which a response will be provided. If required, the applicant may be contacted to clarify their request, to ensure that the Division can respond accurately and in accordance with legislated timeframes. The ATIA stipulates that public bodies have 30 business days to respond to requests. Under a limited number of conditions, a public body may exercise its right to extend the deadline for response.
Once the response is complete, a letter and the response package will be issued to the applicant. The response letter will explain the contents of the release, inform the applicant of their right to request a review through the Office of the Informational and Privacy Commissioner, and, if applicable, identify any exceptions to disclosure that were applied to the records.
