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1
Access to Information&
Protection of Privacy
Information and Privacy Commission,
Ontario
2001
2
Can you please help me…?
Questions from the public:– How do I find government documents?– Government publications don’t have the
answers I need. What next?
3
We’ll help you with the answers
What questions you should be asking How to find information about information
– Which department has the document they’re looking for
– Who in that department handles these requests– What to do when requests are denied
4
Overview
I. Introduction to the IPC/Ontario
II. Relevant Legislation
III. Access and Appeals
IV. Privacy and Complaints
V. Frequently Asked Questions
VI. IPC Resources
VII. Questions & Wrap-up
5
Introduction to the IPC/Ontario
6
IPC’s mandate and role
The IPC provides an independent review of government decisions and practices related to access and privacy.
The Commissioner is appointed by and reports to the Legislative assembly; she remains independent of the government of the day to ensure impartiality.
7
IPC’s mandate and role (cont’d)
The IPC has five key roles:– Ensure that government organizations comply
with access and privacy laws– Resolve appeals – Investigate privacy complaints– Research and provide advice on proposed
legislation and policy– Promote public education
8
Relevant Legislation
9
Governing legislation
The IPC ensures compliance with:
– The Freedom of Information and Protection of Privacy Act (1988)
– The Municipal Freedom of Information and Protection of Privacy Act (1991)
10
What do the Acts entail?
They provide citizens with a right of access to information held by the government in accordance with the following principles:– Information should be available to the public– Exemptions to the right of access should be limited and
specific
They protect personal information, and give individuals a right of access to their own personal information.
11
Municipal organizations covered by the Acts
Library boards Municipal governments Boards of health Police and transit commissions School boards Conservation authorities And most other local boards
12
Provincial organizationscovered by the Acts
Provincial ministries Most provincial agencies, boards,
and commissions District health councils Community colleges
13
What is personal information?
Information about an identifiable individual
Both Acts require that the government protect the privacy of the individuals whose information it holds.
14
Why does the Government have this information?
Government organizations often need to ask for an individual’sNameAddressBanking informationSexMarital status
in order to provide necessary services
15
Access and Appeals
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Access to government records
You can obtain government records through two processes:
- routine disclosure/active dissemination,
or
- making a request under the Acts
17
RD/AD
Routine Disclosure– Automatic release of certain types of
administrative or operational records in response to informal or formal requests
Active Dissemination– Periodic release of general records in the
absence of a request
18
Access process
Determine which organization has the information you are seeking
Prepare letter or complete a request form asking for access to the information – be as specific as possible
include $5 application fee and forward to the organization’s Freedom of Information and Privacy Coordinator
19
Request fees
The Acts were amended in 1996 to include fees for filing a request:– Request fee - $5.00 per request
Other fees include:– Photocopies and computer printouts - 20 cents/ page– Floppy disks - $10/disk– For manually searching a record - $7.50 /15 minutes– Preparing a record for disclosure - $7.50/15 minutes – For developing a computer program or other method of
producing a record from machine readable record - $15 /15 minutes
– No fee: searching for an individual’s own personal information
20
Responding to requestsunder the Acts
Government organizations must respond to requests within 30 days, except for time extensions where there are:
– A large number of records or a search through a large number of records is necessary
– Consultations with a person outside the institution
21
Provincial Act exemptions
cabinet records defence advice or recommendations law enforcement relations between
governments third party information economic and other
interests
solicitor-client privilege
danger to safety or health
personal information published information limitations on access
to own personal information
22
Municipal Act exemptions
draft by-laws, records of closed meetings
advice or recommendations
law enforcement relations between
governments third party information economic and other
interests
solicitor-client privilege
danger to safety or health
personal information published information limitations on access
to own personal information
23
Appeals – the IPC’s role
If you are not satisfied with a government organization’s response to an access or correction request, you can appeal this decision to the IPC
The IPC acts as a tribunal body in such matters, and has the power to order the government organization to disclose or correct information
24
Reasons to file an appeal denied access to some or all of the requested
information disagree with the fee being charged response not received within 30 days
(a “deemed refusal”) do not agree with the reason given for a time
extension request to have your personal information corrected
was denied you disagree with the decision to disclose
information that relates to you, to another person
25
Appeal process
Within 30 days of receiving a decision from the organization you must:– write a letter to the IPC explaining why you
disagree with the decision– include a copy of your original request and the
organization’s response– include the appeal fee
26
Appeal fees
The Acts were amended in 1996 to include fees for filing an appeal:
$10.00 if the request is for your own personal information
$10.00 if the request is to correct your own personal information
$25.00 if the request is for general records or someone else’s personal information
27
Privacy and Complaints
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Privacy: the government’s duties
The Acts require the Government to protect the privacy of your personal information.
There are rules that specify how the Government may collect, retain, use, disclose, and dispose of information.
29
Privacy complaints
If you believe that a provincial or municipal government organization has failed to comply with one of the Acts and that your privacy has been compromised as a result, you may file a complaint with the IPC
The IPC will look into your complaint
30
The most common question…
1) How can I find out what government organization holds the information I want?
31
…Answered
Both the Directory of Records and the Directory of Institutions can be found at:
http://www.gov.on.ca/MBS/english/fip/
or
(416) 327-2187
32
Q & A
2) How can I obtain a copy of a police report?
33
Q & A
2) In most cases, the person can make an access request to the police service that holds the record. In some cases, such requests are denied, or at least only part of the information is given, as police reports tend to contain personal information about a number of people (e.g., the suspect, witnesses, etc), and information pertaining to an ongoing investigation will be withheld.
34
Q & A
3) Why does the government need to ask so many intrusive personal questions? Where will my information end up? Who will be seeing it?
35
Q & A3) In order to receive social assistance benefits or
other government services, many relevant personal questions are routinely asked. Although many of the questions are of a personal nature, government employees have pledged confidentiality and if this is broken, this would be considered a breach of trust and they would be held accountable. Only staff who have a need to access your information will do so.
36
Q & A
4) How can I obtain a copy of my medical record from a clinic, a hospital, or my family physician?
37
Q & A4) Doctors and most hospitals not subject to FIPPA
– Common law right of access – unless the physician believes it would be detrimental
– Verbal request to physician or clinic in question
– Written request may be needed
– The records are not free; there is a fee for finding and copying them
– In case of refusal contact the College of Physicians and Surgeons of Ontario
– New legislation for health sector expected soon
38
Q & A
5) What are employees’ rights when the employer asks for medical information about them?
39
Q & A
5) The employee can decide whether to give out this information, or withhold it.
– If the employer is part of the private sector, the company is not subject to FIPPA
– Employment Standards (a branch of the Ministry of Labour) may be contacted if there is a backlash for not complying. Their toll-free number is 1-800-531-5551
40
Q & A
6) Who can access a child’s school records?
41
Q & A
6) Custodial parents may make an access request to get their child’s records from the school board. The IPC has produced A Guide to Ontario Legislation covering the release of Students’ Personal Information that details who can access a child’s school records.
42
Q & A
7) Since Children’s Aid Societies are not subject to FIPPA, how do I get access to my records?
43
Q & A
7) As they are exempt from FIPPA, people may not make an access request under that law. They would have to rely on the goodwill and co-operation of the society.
44
Q & A
8) What are my responsibilities as an employer with regard to records of former employees?
45
Q & A
8) Private companies (unless federally regulated) are not subject to privacy laws.
For information about Personal Privacy Protection and Electronic Documents Act, (to take full effect in 2004) please see the federal Privacy Commissioner’s Web site http://www.privcom.gc.ca
A Guide for Businesses and Organizations: Your Privacy Responsibilities.
46
Q & A
9) How can I find out the cause of death of a relative?
47
Q & A
9) Cause of death is listed on certified long-form death certificates. The Registrar General branch of the Ministry of Consumer & Business Services will explain how to apply for one.
48
Q & A
10) If I find out that information about me in a government file is incorrect, what can I do?
49
Q & A
10) You can request that the institution holding the information correct it. If your request is denied, you can appeal that decision to the IPC.
50
IPC resources
Visit the IPC Web site for further information about current privacy issues, descriptions of IPC policy and procedures, information brochures, reports etc.
http://www.ipc.on.ca
e-mail: [email protected]
IPC brochures have been sent to each public library in the province.
51
Questions?
52
How to Contact Us
Information & Privacy Commissioner/Ontario
80 Bloor Street West, Suite 1700
Toronto, Ontario M5S 2V1
Phone: (416) 326-3333
Web: www.ipc.on.ca
E-mail: [email protected]