ATIA Right of Access Request | Lethbridge Police Service

The Lethbridge Police Service (LPS) Access and Privacy Unit works to ensure compliance with Alberta's Access to Information Act (ATIA) and other statutes.

ATIA establishes that:

Any person has a right of access to records held by a public body, subject to limited and specific exceptions
An individual has a right of access to their own personal information held by a public body, subject to limited and specific exceptions
Independent review of a public body’s decisions by the Office of the Information and Privacy Commissioner

An ATIA right of access request provides a formal method for requesting records held by LPS. It is intended to be an avenue of last resort, for when information is not available through other request procedures.

Making an ATIA Right of Access Request

The process for making an ATIA right of access request will depend on whether you are hoping to make a:

Personal Request
General Request

In all cases, for an ATIA request to be considered valid, it must meet all of the following four (4) requirements:

The request must must be made in writing.
- While the LPS will accept any written request for records, it is recommended that the LPS Request for Access to Information form be used.
The request must be submitted to the Access and Privacy Unit of the LPS
The request must contain enough detail to allow the LPS to locate and identify the records in a reasonable time and with reasonable effort
If the request is subject to an initial fee, the required fee must accompany the request

*Processing of the request will not begin until the LPS has received all required information and applicable fees.

There may be fees associated with requests, depending on the type and volume of records being requested.

Continuing requests can also be considered when a request is processed repeatedly at a pre-determined time interval over a period of up to two (2) years. If making a continuing request, email the LPS Access and Privacy Unit for further direction.

Personal Requests

A Personal Request is a request for records that contain your own personal information or the personal information of an individual you are legally authorized to represent.

Under ATIA, personal information is defined as “recorded information about an identifiable individual.” Examples of such information include, but are not limited to, your name, date of birth, telephone number, fingerprints, or identifying number or symbol.

Please note that the LPS will not release the arrest report of someone else or any other information about your family, friends or neighbours without their written and signed authorization.

Preparing a Personal Request for yourself

Use the LPS Request for Access to Information Form or provide a full written request directed to the LPS Access and Privacy Unit that includes:
- Your full name, address, and daytime telephone number and/or email address
- Any other names that you have previously used
- Your date of birth
- A clear description about the record(s) you are seeking. Make your request as specific as possible. Provide case numbers, exact dates, addresses and names, and numbers of officers involved if you have this information. Such information will assist the LPS identifying the records you are requesting and provide you with a complete response
You must include a copy of one (1) valid piece of government-issued photo identification AND a 'selfie' of you holding your ID for verification purposes. You may also attend the front counter of the LPS with your completed request form and have LPS personnel at the front counter verify your ID on the form and take a photocopy of your valid piece of government-issued photo identification.
- Examples of photo identification (this list is not exhaustive):
  - Driver’s Licence or Identification Card
  - Passport
  - Nexus Card
  - Permanent Residence Card
  - Indian/Métis Status Card
Submit the completed package using one (1) of the following options:
- Email the LPS Access and Privacy Unit directly
- Attend the front desk at the Lethbridge Police Service (135 1st Avenue South) during business hours (Monday to Friday 7:30 am to 4:00 pm. Closed weekends and statutory holidays)
- Mail the package to:
  Access and Privacy Unit
  Lethbridge Police Service
  135 - 1 Avenue South
  Lethbridge, AB T1J 0A1

*Processing of the request will not begin until the LPS has received all required information and applicable fees.

Preparing a Personal Request for someone else

If you are accessing the personal information of an individual other than yourself, please be prepared to provide written proof of your authority to do so.

Use the LPS Request for Access to Information Form or provide a full written request directed to the LPS Access and Privacy Unit that includes:
- Your name, address, and daytime telephone number and/or email address
- The full name of the person for whom you are seeking information
- Any other name the person may have used on the records
- Any identifying numbers for the person, if you know them
- A clear description about the record(s) you are seeking. Make your request as specific as possible. Provide case numbers, exact dates, addresses and names, and numbers of officers involved if you have this information. Such information will assist the LPS identifying the records you are requesting and provide you with a complete response
You must include a copy of one (1) valid piece of government-issued photo identification AND a 'selfie' of you holding your ID for verification purposes. You may also attend the front counter of the LPS with your completed request form and have LPS personnel at the front counter verify your ID on the form and take a photocopy of your valid piece of government-issued photo identification.
- Examples of photo identification (this list is not exhaustive):
  - Driver’s Licence or Identification Card
  - Passport
  - Nexus Card
  - Permanent Residence Card
  - Indian/Métis Status Card
You must provide written proof that you have the authority to act on behalf of the person you are requesting information about
- Signed consent
- Parents - must provide proof of parentage documentation, including any active court orders, detailed description of records sought after AND explanation of how disclosure is in best interest of the child
- Guardians/Trustees - must provide court appointment records, detailed description of records sought after AND explanation of how disclosure is related to appointed guardian/trustee duties
- Deceased Access
  - Next of Kin Requestor - must provide documentation proving relationship to deceased AND explanation for context as to why records are being requested
  - Administrator of Estate - must submit a grant of probate or letters of administration (Executorship) proving authority to administer the estate, detailed description of records sought after AND explanation of how disclosure is related to the administration of the estate
Submit the completed package using one (1) of the following options:
- Email the LPS Access and Privacy Unit directly
- Attend the front desk at the Lethbridge Police Service (135 1st Avenue South) during business hours (Monday to Friday 7:30 am to 4:00 pm. Closed weekends and statutory holidays)
- Mail the package to:
  Access and Privacy Unit
  Lethbridge Police Service
  135 - 1 Avenue South
  Lethbridge, AB T1J 0A1

*Processing of the request will not begin until the LPS has received all required information and applicable fees.

General Requests

A General Request relates to records that do not contain your personal information. Requests for general information are usually topical in nature and relate to organizational operations that do not contain personal information. Examples of general requests are requests for training, policy, or statistical material.

All General Requests are subject to an initial application fee of $25. Processing of your General Request will not begin until the initial application is received by the LPS.

Preparing a General Request

Use the LPS Request for Access to Information Form or provide a full written request directed to the LPS Access and Privacy Unit that includes:
- Your full name, address, and daytime telephone number and/or email address
- A clear description about the record(s) you are seeking. Make your request as specific as possible. Provide case numbers, exact dates, addresses and names, and numbers of officers involved if you have this information. Such information will assist the LPS identifying the records you are requesting and provide you with a complete response
Submit the completed package using one (1) of the following options:
- Attend the front desk at the Lethbridge Police Service (135 1st Avenue South) during business hours (Monday to Friday 7:30 am to 4:00 pm. Closed weekends and statutory holidays)
- Mail the package to:
  Access and Privacy Unit
  Lethbridge Police Service
  135 - 1 Avenue South
  Lethbridge, AB T1J 0A1

*Processing of the request will not begin until the LPS has received all required information and applicable fees are paid in full.

Fee Information

Service fees may be charged in accordance with Schedule 1 of ATIA.

Fee Schedule

Personal FOIP Requests - Generally no charge
- There is no initial fee for a Personal Request. Service fees may apply if the cost of producing copies exceeds $10. In these cases, you will be notified of the fee
General Requests - $25 initial application fee
- An initial $25 application fee is required before processing of a General Request will begin
- Additional fees may be charged pursuant to Schedule 1 of ATIA. In these cases, a Fee Estimate will be provided before processing begins
- If the Fee Estimate is more than $150, an initial deposit of 50% may be required
General Continuing Requests - $50 for the initial application
- An initial fee of $50 is required when requesting that the same request be processed repeatedly at pre-determined intervals over a period of up to two (2) years
- Applicants will be required to pay any additional costs as information becomes available
Production of Multimedia - $55 per media file
Note: Multimedia is subject to the LPS Routine Requests for Information procedure.
- Audio (e.g. 911 or LPS non-emergency complaint lines)
- Photobook
- Video

Costs are listed in Canadian dollars and include taxes and processing fees, when charged.

Accepted Forms of Payment

Requests made in-person
- Cash or debit
Requests made via mail
- Certified cheques or money orders made payable to "The City of Lethbridge"

Please note that personal cheques CANNOT be accepted.

Exceptions to Disclosure

ATIA contains a number of exceptions to disclosure, such as:

Request for information, not records: ATIA establishes a right of access to records, not information. The LPS is under no obligation to compile information that does not exist as a record
Ongoing prosecution: These records are not within the scope of ATIA and the LPS will not provide any records that relate to any criminal matter that is before the Courts at the time of the request
Third Party Personal Information: Someone else’s personal information (“third party” personal information). The LPS will not release information about your family, friends or your neighbours or anyone else without their written authorization. The LPS will neither confirm nor deny the existence of information that relates to someone else if the request is specifically for information about another person or persons
Ongoing or Unsolved Investigation: Information that could harm an ongoing or unsolved investigation, including Professional Standards investigations
Harm Others: Information that could be used to harm members of the LPS or the public
Information obtained from other agencies: For instance, if you are requesting information from Emergency Medical Services, you must make your request to the City of Lethbridge. If you are requesting information from the RCMP, your request must be made directly to the RCMP.

Please note that the above list is not exhaustive. If you have any questions, email the Access and Privacy Unit directly.

Processing Times

ATIA requires LPS to respond within 30 calendar days of receiving a request. The response will either provide the requested information or explain why the information is not being disclosed.

The 30-day deadline may be extended if, for example, large volumes of records are involved or if third parties need to be consulted.

The LPS receives requests for records every day, all of which are urgent to the applicant submitting them. For this reason, we cannot speed up the disclosure process.

We will do our best to provide your records as quickly as possible.

Authority to Disregard Requests

The LPS reserves the right to exercise discretion to disregard a right of access request pursuant to ATIA if the request is:

Repetitious or systematic in nature and responding would unreasonably interfere with its operations or amount to an abuse of the right to make a request
Abusive, threatening, frivolous or vexatious
Insufficient information to process requests, where there is not have sufficient detail to locate and identify the requested record within a reasonable time and with reasonable effort
Overly broad or incomprehensible, meaning the request is wider in scope than is normal, necessary, or reasonable; or the request is impossible or extremely difficult to understand
Information has been released, meaning the information has already been provided to the applicant, or if the information is publicly available

If the LPS decides to disregard a right of access request, in accordance with ATIA, you will receive a written notice of such within 30 business days. The notice will advise the reasons for the decision to disregard the request and provide information about right to request a review by the Information and Privacy Commissioner of Alberta.

More Information

For more information about the Access to Information Act and other statutes, visit the website of Alberta’s Information & Privacy Commissioner.

Contact

For further assistance, email the Access and Privacy Unit directly.