Premier defends MLA’s unpermitted, inaccurate use of private voting data

Service Alberta Minister Dale Nally “publicly, and falsely, claimed constituent behind recall petition didn’t vote in last election”

Danielle Smith is quoted as saying “He’s doing a great job”.

Mr. Nally made the allegation in his statement of defense against recall petitioner Joshua Eberhart, asserting that the latter “does not vote in provincial elections”, prefacing the document with “This document contains privileged information from Elections Alberta”.  Mr. Eberhart is quoted as both denying the claim, and dismissing it as immaterial regardless.
(Recall Act, SA 2021, c R-5.7 section 2(1) requires only that the applicant be an elector in that electoral division for three months, not that they actually voted)

In a 2021 simplified guideline paper, Alberta Elections describes the lengths that those entrusted with voter data should go to to secure it, including avoiding digital storage if possible, minimum shredder sizing to dispose of the data, and steps to take if the data is deemed lost.  Regarding permitted use cases, it reads:

Section 163 of the Election Act of Alberta makes it an offence for a person to use information obtained from the register of electors for a purpose other than for conducting general elections, by-elections, referendums and plebiscites; for compiling or revising lists or registers of electors under the authority of the Election Act, the Canada Elections Act and the Local Authorities Election Act, and for contravening the restrictions placed on the use of voter information authorized for registered political parties, constituency associations, MLAs, candidates and election officers. The penalty for any of these offences is a fine of not more than $100,000 or imprisonment for a term of not more than one year or to a fine and  imprisonment.

– Alberta Elections – Guidelines on Access to and Disclosure of Alberta’s List of Electors

 

Political news organization The Breakdown later tweeted a statement from Mr. Eberhart indicating he plans to press Elections Alberta on the actions of both Mr. Nally and Mrs. Smith.