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ARTICLE · 03 MAY 2016

The X-Cess Files: When Is A Property File Personal?

Local Governments routinely deal with informal requests to access property and licensing files at the "counter" as well as more formal freedom of information requests.

CanadaGovernment, Public Sector

Local Governments routinely deal with informal requests to access property and licensing files at the "counter" as well as more formal freedom of information requests. Information in those files may typically seem to be "about" the property or business. In some cases, however, the property information will have a personal dimension. As a result, the Local Government may be required to withhold that information without consent to disclose or providing notice under FOIPPA.

How can Local Governments manage these requests?

The recent Alberta Court of Appeal decision in Edmonton (City) v. Alberta (Information and Privacy Commissioner), 2016 ABCA 110 gives us some guidance.

A resident of Edmonton, Ms. McCloskey, asked the City to provide her with all records relating to herself or her property. The interpretation and application of "personal information" was key to the question of whether the City was entitled to charge a fee for Ms. McCloskey's request. The City took

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