The Alberta PIPA provides a specific exemption for certain archival records containing personal information. This exemption is narrowly defined and applies only under specific circumstances:

1. The record must have been "transferred to an archival institution before the coming into force of this Act". This temporal requirement limits the exemption to historical records that were already in archival custody when PIPA became effective.
2. Access to the record "is governed by an agreement entered into by the archival institution and the donor of the record before the coming into force of this Act". This condition further restricts the exemption to records where access is regulated by pre-existing agreements between the archival institution and the donor.

The rationale behind this exemption appears to be twofold:

1. To respect and maintain the integrity of pre-existing agreements between donors and archival institutions regarding access to historical records.
2. To avoid retroactively imposing new data protection requirements on archival records that were transferred and managed under different legal and ethical frameworks.

This approach recognizes the unique nature of archival records and the importance of preserving historical information while balancing privacy concerns. By limiting the exemption to records transferred before PIPA's enactment and governed by prior agreements, the legislation aims to protect existing archival practices while ensuring that new transfers of personal information to archives are subject to contemporary data protection standards.

Implications

The implications of this exemption for archival institutions and organizations dealing with historical records in Alberta are significant:

1. Limited scope: The exemption only applies to records transferred before PIPA came into force. Archival institutions must ensure PIPA compliance for all records acquired after this date.
2. Pre-existing agreements: Archival institutions can continue to manage access to exempt records according to donor agreements made before PIPA's enactment. This may include more restrictive or more open access policies than PIPA would otherwise require.
3. Dual systems: Archival institutions may need to maintain different access and management protocols for exempt and non-exempt records, potentially complicating their operations.
4. Donor relations: Organizations considering donating records to archives should be aware that PIPA will apply to any transfers made after the Act's enactment, potentially affecting their ability to control future access to the donated materials.
5. Research impact: Researchers accessing archival records may encounter different access rules depending on when the records were transferred to the archive and whether they are governed by pre-PIPA agreements.
6. Digital archives: As the exemption is tied to physical transfer of records, it may not apply to digital archives or records digitized after PIPA's enactment, even if the original physical records are exempt.

Organizations and archival institutions in Alberta should carefully review their holdings and transfer dates to determine which records fall under this exemption and ensure appropriate management practices for both exempt and non-exempt personal information in their archives.