Elections Alberta is being criticized for not acting sooner on claims a separatist group breached the personal information of nearly three million Albertans.
The agency said The Republican Party of Alberta’s copy of the list of electors was given to The Centurion Project.
Elections Alberta said it started looking into the issue on Monday, April 27.
But a Calgary-based journalist and political commentator says she raised concerns weeks ago, only to have Elections Alberta allegedly decline to investigate.
“They started their timeline April 27, and I think that just made me very angry because I know very well that that timeline is not correct,” Gerson said in an interview with Global News on Friday
“They had “compelling evidence” that there was inappropriate use — at least potentially inappropriate use of the data files — as early as March 31.”
That’s when Gerson said she submitted a tip to Elections Alberta, expressing concerns with The Centurion Project’s website that contained a publicly accessible database.
The project is led by long-time political organizer David Parker, who has said the goal is to recruit and identify those who support the idea of Alberta separating from Canada ahead of a potential fall referendum.
The group planned to use the searchable database of names, addresses and electoral districts from the last provincial election to achieve that goal.
“Given this had, potentially, millions of sensitive individual’s personal home addresses on it, I thought it would be far more prudent to report it to Elections Alberta,” Gerson said.
In her article, Gerson shared an April 10 letter from Alberta’s election commissioner Paula Hale, saying the agency determined the evidence was “compelling” but fell short of clearly coming from a voter list and, therefore, declined to investigate further.
Gerson criticized the response in her article, saying the agency shouldn’t have called off the investigation with an alleged privacy breach at stake.
“If someone issues them a complaint, the next step ought to be that they investigate the complaint to find out whether or not, there are ‘reasonable grounds’ that a crime’s been committed.”
Elections Alberta is, by law, not allowed to discuss or even confirm investigations — but said in this case it went public because the threat to citizens warranted it.
Michelle Gurney, a spokesperson for Elections Alberta, said in an email the agency must adhere to a high standard of evidence to begin an investigation — a standard similar to the amount of evidence police need to make arrests.
Election officials also said legislative changes last year stopped it from acting sooner.
The higher threshold was added to legislation under Bill 54 last summer by Premier Danielle Smith’s government, and Gurney said it was “much higher” than what the agency previously had to meet to launch investigations.
“(We) are doing everything we can within the bounds of the legislation,” Gurney said.
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Gerson says that means the legislation needs to be changed.
“If what I sent them was inadequate grounds for investigation by any legislative standards, then there’s something wrong with the legislative standard.”
Elections Alberta and Alberta Justice locked horns Friday afternoon over the issue.
Chief electoral officer Gordon McClure released a message to Albertans, acknowledging the seriousness of the situation and reiterating the agency is bound by the limits of the legislation.
In response, Justice Minister Mickey Amery’s office said any suggestion the Bill 54 stopped Elections Alberta from investigating matters like this was “completely inaccurate.”
Heather Jenkins, Amery’s press secretary, pointed to the section of the act that says investigations can take place if the elections commissioner has reasonable grounds to believe an offence took place following receipt of a complaint or on its own initiative.
Elections Alberta had raised concerns about the legislation change shortly after the bill was tabled.
In a letter at the time, chief electoral officer Gordon McClure said it meant complainants would have to submit a “substantively completed investigation” before the agency could start its own.
“The proposed changes will eliminate the majority of the compliance activities undertaken by the election commissioner,” McClure said in the letter.
Smith said Friday morning her government will look at new legislation, depending on what comes out of investigations.
On social media, the premier said protecting the private information of Albertans is critical and those responsible for the breach should be held accountable.
“We understand both Elections Alberta and the RCMP are looking into this matter thoroughly and we will wait for the results of those investigations before commenting further and assessing whether any future legislative changes need to be considered,” she said.
Earlier this week, Elections Alberta announced it was investigating The Centurion Project.
Elections Alberta went to court Thursday and got a judge to grant an injunction ordering The Centurion Project to take the website down, which it did within hours. The group later said it would comply with Elections Alberta’s investigation.
Lawyers for Elections Alberta said in court their investigators determined the database matched a voter list provided to the pro-independence Republican Party of Alberta last summer, which it was legally allowed to have.
Such voter lists are distributed by Elections Alberta to elected officials, political parties and party officials with rules attached. Provincial law dictates the data can only be used to solicit donations, recruit party members and communicate with electors.
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Security features such as unique fake names are added to each list, which Elections Alberta said allows it to identify who received each specific copy.
Elections Alberta said its citizen initiative petition verification process will now include determining if any of the seeded fake names are contained in any incoming petition.
“If any of the seeded names are included, further scrutiny will result,” it said.
Elections Alberta said it was still unclear if a party official had given the list to The Centurion Project organizers or if it had been obtained through other means.
When asked about it by Global News on Wednesday night, David Parker wouldn’t say how they got the information in their database, but that they’d “legally rented it.”
In a statement on Thursday, The Centurion Project said it relied on an unnamed third party to build the dataset it used and the website will stay shut down until it complies with privacy laws.
Alberta’s privacy watchdog says the alleged breach was incredibly serious and called on Smith’s government to change privacy laws to give her jurisdiction over political parties.
“This incident demonstrates that it is high time for political parties to be made subject to (the Personal Information Protection Act),” privacy commissioner Diane McLeod said.
She added it’s a move she and her predecessors have long sought for decades, and is something already in place in British Columbia. The act comes with stronger protections and restrictions on the use and collection of personal information, she said.
In his late Friday afternoon statement, McClure said Elections Alberta supported the privacy commissioner’s stance.
McLeod also noted the personal information that became public through The Centurion Project’s website puts people at risk.
“For some of these individuals, there is likely a real risk of significant harm given that their home address and phone numbers have been made public. This could be especially harmful for certain individuals.
“Some examples might be those who work for law enforcement, who are public officials, who are fleeing intimate partner violence and other vulnerable individuals.”
Cameron Davies, leader of Alberta’s Republican party, has said it will also comply with Elections Alberta’s investigation and that it warned The Centurion Project any information the group may have allegedly received — if it came from the party — is not to be used.
Opposition NDP Leader Naheed Nenshi said Friday the delayed Elections Alberta investigation raises serious questions, and called for an emergency legislature committee meeting to have McClure attend and explain further.
He also called on Smith’s government to reverse the legislative change that Elections Alberta said tied its hands.
“There is a huge hole in the wall that protects Albertans’ privacy and Albertans’ information and we need to plug that hole and we need to hear from the government what they’re intending on doing,” Nenshi said.
” If Elections Alberta is responding that the straight jacket on them prevents them from researching or investigating this giant data breach that puts millions of Albertans at risk for a whole month — it means the law doesn’t work.”
The provincial law regulating the use of voter lists says violations can lead to fines of up to $100,000 and imprisonment of one year.
Closing the barn door after the horses escape, eh? Where is Smith’s vaunted transparency? The Republican Party of Alberta is aiding the separatists, eh? How much “dark money is going to separatists from Trump’s GOP?
Elections Alberta has nothing to do with the UCP or NDP so those with SDS and trying to blame her are totally wrong.
So now that we have confirmed a breach of the law and which clearly stars the punishment if Data is leaked let’s see if Danielle Smith has the courage to put thia traitor Parker into Jail AND fine him tje $100K as per the porous legislation put together with an ignorant Juatics minister and a Trump lover Da seller Snith.
still voting fir freedom. gooo carney
So anyone wanting such info could just create a fake party?
Coyote smith in charge of the henhouse.
Right wing group illegally leaks list so rednecks here blame the NDP?????
Wow, Alberta is phucked.
This was obviously going to happen in Smithberta. Let the RCMP name the UCP leaker.
Wow Global is really running with this story trying to discredit the independence movement. Sorry but this was one new startup group lead by a guy with a history of getting people riled up that broke the law.
This is obviously a smear campaign courtesy of the panicked Communists who are terrified of a Democratic referendum. Centurion have absolutely nothing to do with Stay Free Alberta, and repeating this nonsense will not make it true.
We need to instill the NDP into government here in Alberta right away. In anyway possible. Yep, all our problems would be solved if we just pour more tax dollars down the union ‘rabbit jole’. You know like Rachel Notley did during the 4 years the NDP were in power.
Hmm…. I am not comfortable with the NDP having this type of information either. Where do I go to get this access removed?
Since the separatists are affiliated with Trump and his maga,I am almost 95% certain that a copy of that voting list,as well as a future copy of the separatist petition will and has been sent to the us intelligence apparatus.This data would be an intelligence goldmine for ant future military action or manipulation of canad
It sounds like Premier Smith was complicit. This isn’t the only law she changed to benefit the separatists.
I am more concerned that the NDP get the list!
So many upset liberals, good welcome to the war.
Wah waaah! Now we know who the socialists and communists are in Alberta. This was no mistake this is war.
…quite a dog and pony show smith calls good government there Alberta…don’t look or think to much…it might start hurting..
I’ve gotten more scam calls in the last 2 weeks then I think I’ve ever gotten and I can’t help but wonder if this is connected. They literally posted our cell phone numbers online with our names. The corruption is unreal
Govenor smith does redistricting just like trump does . Now Governor smiths government leaks voter data to a separatist party. So Currupt, just like trump . Smith is anti Canada , pro trump seperatists.
Governor smith of the seperatists party of the wannabe 51 state is state is the leader of the government that failed to secure voter data that some how mysteriously ended up in the hands of separatists . Governor smith should be removed from office for her failures. This scandal stinks to high heaven and sinks to new lows .
So will any news agencies have what it takes to report a different headline? “Separatist Group Supported By Premier Smith Violates Elections Act.” or “Corrupt Alberta Conservative Premier Endorses Separatist Group of Criminals”.
Anyone? Anyone going to state facts?
I am surprised there isn’t yet a mass demonstration at the Leg. building already against the ucorruptpee govt.
Wake up Albertans!!
How is the mh slimy care investigation coming along?
She knew about this all along.
No worries, the data has been downloaded by everyone who wanted it. and the separitist were assured by their Ballroom Republican financial backers that there’d be no consequences for it.
@ anonymous…but these are your people?!
It’s been a problem after a problem since this bimbo took office.
…oh. look! More of smith’s ‘point the way so I can lead’ style of leadership…still no answers from the medical scams yet either is there? Stay gullible Alberta…stay….gullible..
It’s called foreshadowing…