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AR 231/2013 DISCLOSURE OF INFORMATION REGULATION

(no amdt)

ALBERTA REGULATION 231/2013

Children First Act

DISCLOSURE OF INFORMATION REGULATION

Records

1(1)  A service provider or a custodian that discloses information under section 4 of the Act shall maintain records in accordance with this section about the disclosure.

(2)  Records referred to in subsection (1) must contain

                                 (a)    a description of the information disclosed under section 4 of the Act,

                                 (b)    the date on which the information was disclosed, and

                                 (c)    the name of the person to whom or the entity to which the information was disclosed.

(3)  Records referred to in subsection (1) must be retained for 10 years after being created and must thereafter be disposed of in accordance with the service provider’s or custodian’s records disposition policy or, if the service provider or custodian has no applicable records disposition policy, in a manner approved by the Minister.

Agreements

2(1)  In this section,

                                 (a)    “agreement” means an agreement referred to in section 5(2)(a) of the Act;

                                 (b)    “Centre” means the Alberta Centre for Child, Family and Community Research referred to in section 5(2) of the Act.

(2)  An agreement must contain terms and conditions


                                 (a)    setting out procedures that the Centre must follow when collecting, using, maintaining and disclosing anonymized health information and anonymized personal information,

                                 (b)    requiring the Centre to identify, and maintain a written record of, all of its administrative, technical and physical safeguards in respect of information disclosed to it under the Act,

                                 (c)    requiring the Centre to carry out audits, at least once every 12 months after the effective date of the agreement, of the systems and procedures it uses to ensure the security and confidentiality of information disclosed to it under the Act and requiring copies of reports respecting the periodic audits to be provided to the Minister,

                                 (d)    prohibiting the Centre and its staff from using information disclosed to the Centre under the Act for any purpose not set out in section 5(2) of the Act,

                                 (e)    prohibiting the Centre and its staff from disclosing to third parties information disclosed to the Centre under the Act except as authorized by another enactment or as approved in writing by the Minister,

                                 (f)    prohibiting the Centre from using, transferring or storing outside of Alberta any information disclosed to it under the Act, and

                                 (g)    requiring the Centre to report to the Minister any collection, use or disclosure of information by the Centre or its staff that occurs in contravention of a provision of the Act, this Regulation or a term or condition referred to in this section.

Expiry

3   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on January 30, 2021.

Coming into force

4   This Regulation comes into force on January 1, 2014.