Policy updates for county records and human resources

By Sharon McLeay Times Contributor

Those looking to obtain information from Wheatland County may want to review the updates to the Freedom of Information and Protection of Privacy (FOIP) policy delivered to council on Oct. 2.
“The revised bylaw establishes the administrative structure at Wheatland County in relationship to FOIP, and follows fees for services established in the (FOIP) Act,” said Brian Henderson, general manager of corporate and financial services with Wheatland County.
The corporate and financial services general manager and record management clerk were approved by council as FOIP officers.
Individuals can ask or apply for information that pertains to them personally, or other information can be given if it is not protected under the FOIP Act.
Under the province’s guidelines, an applicant has the right to look at or obtain copies to all or part of any record that pertains to the individual, or has anything to do with the applicant’s request, unless it is excluded in the Act. Sometimes it can be frustrating, as some agencies interpret the act differently and sometimes mistakenly, and then refuse to allow the applicant access to information. The agency the applicant has applied to cannot make a blanket statement for refusal that applies to all records. Each application must be reviewed individually.
There are some situations where information is not released, but it is specified in the Act what type of information cannot be released.
Interpretation bulletins at Service Alberta indicate that a record cannot be withheld simply because it may contain sensitive or embarrassing information, or possibly expose a public body to liability. The government’s intent was to give the public as much information as possible, and anything withheld should be limited and specific. The Act states that refusal to disclose all or part of a record will occur only where the Act provides a specific exception that applies to the record or even part of the document.
On application, the request would have to be reviewed by the appointed FOIP officers, who should be FOIP certified, and they have to specify their rationale for refusing the request. Applicants can appeal the decision, which leads to the request being forwarded to provincial FOIP officers for a decision.
The county has defined confidential records as anything that contains personal information about individuals, third-party information, commercial, financial, scientific or technical information supplied either explicitly or implicitly in confidence; or any other information protected under FOIP.
Gone are the days when old files can be just chucked in the garbage. They have to be indexed and parameters set for what types of information are stored, and how and where it is stored. The retention, transfer and disposal of county records were updated to reflect the Act and include both the management of records and information retention, release, transfer and disposal.
“The revised bylaw authorizes council to create a bylaw to retain and dispose of records and information (and) secondly, to manage records and information electronically from creation to deletion. Thirdly, it establishes authority to permanently transfer records (minutes, photographs, ledgers, etc. of towns, villages and hamlets in Wheatland County) to the Alberta archives,” said Henderson.
“Finally, under FOIP, it allows individuals the right to access records and to control the manner in which personal information is collected, used and disclosed … Wheatland County believes that records and information is a critical, valuable resource and that this resource should be protected, preserved and safeguarded from unauthorized use.”
The county has a sign-off process by the owners for inactive records prior to disposal. The inactive records are reviewed annually and the designated officer determines if they should be kept. Any document defined as a non-record can be disposed of at the county’s discretion.
Council approved the policy with first through third and final reading of the bylaw.
Along with record management policy changes, the county’s human resource’s policies were also updated.