Managing Contracts under the foip act



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Pre-Contracting


  • For a major business initiative involving the collection, use and disclosure of personal information, does the business case include a review of the privacy issues?

For further information see

  • 5.2 Business case




  • Does the project involve a significant information and communications technology component (including new software)?

For further information see

  • 5.3 Privacy planning tool for IT projects




  • If the contract is for IT outsourcing, what policies and procedures need to be addressed at the pre-contracting stage of the project?

For further information see

  • 4.3 IT outsourcing contracts

  • 5.3 Privacy planning tool for IT projects

  • 5.4 Privacy Impact Assessment (PIA)



  • If the contract involves sensitive personal information, how will the risks be mitigated?

For further information see

  • 3.5 Extra-territorial application of foreign law

  • 3.6 Jurisdictions with no privacy legislation

  • 4.4 Contracts involving sensitive personal information

  • 5.4 Privacy Impact Assessment (PIA)

  • 5.5 Assessing privacy capabilities of smaller contractors




  • If the contract involves data matching or data sharing by or for the public body, is a Privacy Impact Assessment needed?

For further information see

  • 5.4 Privacy Impact Assessment (PIA)

  • 5.5 Assessing privacy capabilities of smaller contractors

  • 6.3 Protection of privacy – Data matching



  • How could changes to the ownership structure of the contractor affect the contract, particularly if the contract is long-term?

For further information see

  • 4.7 Corporate restructuring, mergers and buy-outs

  • 6.9 General contractual clauses with FOIP implications – Assignments



  • How will the potential costs of a large-scale or complex FOIP request for records held by the contractor be addressed?

For further information see

  • 4.8 Costs of large-scale or complex FOIP requests



  • If the contract is for outsourcing, how will this affect the right of access to information, as well as routine disclosure and active dissemination processes?

For further information see

  • 2.6 Contracting for service delivery

  • 4.3 IT outsourcing contracts

  • 5.2 Business case

  • Appendix 2, Disclosure of Contracting Records




  • What records will the contractor be required to collect, create, maintain or store for the purposes of ensuring the accountability of the public body for a program or service associated with the public body?

For further information see

  • 2.5 Fee-for-service contracts

  • 2.6 Contracting for service delivery

  • 2.7 Privatization

  • 2.8 Public–private partnerships (P3s)

  • 2.10 Joint service delivery agreements

  • 2.12 Agreements where the public body is the service provider

  • What requirements respecting records management, especially retention and disposition of records (including any plan for the alienation of records) need to be included in the tendering documentation and the contract?

For further information see

  • 2.7 Privatization

  • 6.2 Records management – Retention and disposition of records






Tendering Process


  • Does the tendering document state which specific records the contractor will be expected to collect, create, maintain, or store for the public body?

For further information see

  • 5.7 Tendering process – Records under the control of the public body




  • Does the tendering document make it clear which records will be in the custody or under the control of the public body and which will remain in the custody or under the control of the contractor?

For further information see

  • 1.2 Key concepts – Custody and control

  • 5.7 Tendering process – Records under the control of the public body



  • Does the tendering document specify which records will be required for operational and financial accountability?

For further information see

  • 5.7 Tendering process – Contractor’s administrative records




  • Does the tendering document identify any special conditions relating to the storage of records that may add to the contractor’s costs?

For further information see

  • 2.6 Contracting for service delivery

  • 4.7 Corporate restructuring, mergers and buy-outs

  • 5.4 Privacy Impact Assessment (PIA)

  • 5.7 Tendering process – Records management




  • If special security measures or restrictions on the location of data are required, does the tendering document specify what they are?

For further information see

  • 4.2 Processing or storage of personal information outside Alberta

  • 4.3 IT outsourcing contracts

  • 5.7 Tendering process – Records management




  • Does the tendering document describe the privacy protection requirements that the contractor will be obliged to meet? Or, if handling personal information is a major part of the contract, does the tendering document provide for the prospective contractor to submit a plan for addressing privacy protection requirements under the FOIP Act?

For further information see

  • 4.4 Contracts involving sensitive personal information

  • 5.4 Privacy Impact Assessment (PIA)

  • 5.7 Tendering process – Protection of personal information




  • Does the tendering document include information on the responsibilities of the contractor in the event of a FOIP request for records that are subject to the FOIP Act?

For further information see

  • 5.7 Tendering process – Access to information




  • Does the tendering document inform prospective contractors that absolute confidentiality cannot be guaranteed for any submission? Does the tendering document advise prospective contractors to identify those parts of their submissions which they believe should be held in confidence?

For further information see

  • If it is intended to make contract prices public, is this stated in the tendering document?

For further information see

  • 5.7 Tendering process – Access to tender submissions




  • Does the tendering document include information on access to contractor ratings?

For further information see

  • 5.7 Tendering process – Rating and evaluation records




  • Does the tendering document indicate that any user fee the contractor may be authorized to charge will be subject to Government approval?

For further information see

  • 4.9 Confidential business information

  • 5.7 Tendering process – Approval of fees and charges




  • Does the tendering document include a notice, as required by the FOIP Act, stating the public body’s authority to collect personal information contained in submissions (e.g. personal information about the contractor’s employees)?

For further information see

  • 5.7 Tendering process – Personal information of contractors’ employees



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