Alberta CA comments on meaning of “personal information”

19 Apr

Whether information is “personal information” – information about an identifiable individual – depends on the context. The Court of Appeal of Alberta issued an illustrative judgement on April 14th. It held that a request for information about a person’s property was, in the context, a request for personal information. The Court explained:

In general terms, there is some universality to the conclusion in Leon’s Furniture that personal information has to be essentially “about a person”, and not “about an object”, even though most objects or properties have some relationship with persons. As the adjudicator recognized, this concept underlies the definitions in both the FOIPP Act and the Personal Information Protection Act. It was, however, reasonable for the adjudicator to observe that the line between the two is imprecise. Where the information related to property, but also had a “personal dimension”, it might sometimes properly be characterized as “personal information”. In this case, the essence of the request was for complaints and opinions expressed about Ms. McCloskey. The adjudicator’s conclusion (at paras. 49-51) that this type of request was “personal”, relating directly as it did to the conduct of the citizen, was one that was available on the facts and the law.

The requester wanted information about her property because she was looking for complaints related to her actions. The request was therefore for the requester’s personal information. Note the Court’s use of the word “sometimes”: context matters.

Edmonton (City) v Alberta (Information and Privacy Commissioner), 2016 ABCA 110 (CanLII).

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