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Banff sets out consequences for breaches of privacy by elected officials

BANFF – Town council has tightened language around distribution of confidential documents, including a strong reminder that a breach of Alberta’s privacy laws by a councillor could lead to a conviction and carry a fine of up to $10,000.

BANFF – Town council has tightened language around distribution of confidential documents, including a strong reminder that a breach of Alberta’s privacy laws by a councillor could lead to a conviction and carry a fine of up to $10,000.

The move, which was approved last week, follows first-term councillor Peter Poole’s breach of the Freedom of Information and Protection of Privacy (FOIP) Act earlier this year, when he mistakenly used a resident’s email he obtained through his position as an elected official.

Poole, who made an apology to the public, council and the individual, avoided serious repercussions, but council directed administration to beef up the wording that accompanies the distribution of confidential documents.

Town of Banff officials say the new wording intends to better articulate the importance of protecting private information, as well as specifically outlining what the consequences of doing so could be.

“The stronger language is an effort to reassure that all of council understands the need for confidential documents to be confidential and to assure the public that a FOIP breach by a councillor is taken seriously,” said Mayor Karen Sorensen.

Councillors are required to delete any saved copies of confidential documents from their files, or destroy any hard copies immediately after a meeting. No information contained in private documents should be used except for considering a decision.

The stronger wording also reminds councillors that it’s an offence to willfully collect, use or disclose personal information in contravention of FOIP and that a conviction for an offence under this legislation carries with it a fine of up to $10,000.

Earlier this year, Poole shared Town of Banff news to an email list he had assembled that included an address of a resident who had applied for a position with a Town of Banff committee.

When he learned he had breached the resident’s privacy, he immediately apologized and took the person’s name and email off his list. He also promptly took the online course about protecting citizen’s private contact information.

Kelly Gibson, the Town of Banff’s corporate services director, said a written response to the resident involved has been made at council’s direction.

“The affected party was satisfied with both the response and the action taken,” he said.

Coun. Poole could not be reached for comment at press time.

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