Common use of Information Disclosure Clause in Contracts

Information Disclosure. All information provided by either party to the other party is subject to the disclosure and protection provisions of the Freedom of Information and Protection of Privacy Act (Alberta), (“FOIPP Act”), as amended, revised or substituted from time to time. The FOIPP Act allows any person a right of access to records in the Minister’s custody or control, subject to limited and specific exceptions as set out in the FOIPP Act. The Consultant may identify those parts of any submission from the Consultant to the Minister that the Consultant considers confidential and what harm could reasonably be expected from disclosure. The Minister does not warrant that this identification will preclude disclosure if disclosure is determined to be required under the FOIPP Act. Deliverables produced by the Consultant, which are the property of the Minister under this Contract, could be considered records under the control of a public body and could therefore also be subject to the FOIPP Act before delivery to the Minister. Before disclosing to the Minister any individual’s personal information, as defined in FOIPP Act, the Consultant shall obtain the consent of the affected individual. The consent must be in writing and must specify to whom the personal information can be disclosed and how the personal information can be used.