Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 10 • It is important to review the delegation periodically for any changes that may be needed, especially if the local authority is restructured or a new head is elected. • The delegation should specifically refer to handling access to information requests including the processing of requests and the power to make decisions whether or not to disclose all or part of a record. • A delegation relating to the handling of privacy can be more general and center on the delegated responsibility for collection, handling, and protection of personal information. • Delegated authority empowers certain officials and employees to make decisions or act. • In general, delegation should be considered for all provisions of LA FOIP that state that the head may or must do something.11 • The person delegating the authority remains responsible and accountable for all actions and decisions made under that delegation.12 The LA FOIP Coordinator or Privacy Officer normally prepares the delegation instrument and submits it to the head for approval.13 It is important that all delegated officers or employees know and understand their delegated responsibilities. It is also important that others in the organization understand that only those with delegated responsibilities under LA FOIP should be carrying out those duties and functions.14 If the individual with delegated authority does not actually make the decisions that they were delegated to make, the delegation is not being properly exercised.15 In other words, in order to be a true delegation, the individual needs to actually be given the authority to make the decisions as per the delegation. As noted earlier, the head of a local authority may delegate some or all of the head’s powers under LA FOIP. Even with a delegation, the head may retain certain powers and make certain decisions. 11 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, p. 27. 12 “Delegate” British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 13 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, p. 27. 14 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, p. 28. 15 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, p. 29.
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