Access to Information & Protection of Privacy

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 • Introduction to the IPC/Ontario • Relevant Legislation • Access and Appeals • Privacy and Complaints • Frequently Asked Questions • IPC Resources • 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’s • Name • Address • Banking information • Sex • Marital status in order to provide necessary services

15. Access and Appeals

16. 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. 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 Provincial Act exemptions

22. 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 Municipal Act exemptions

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

28. 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… • 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 • How can I obtain a copy of a police report?

33. Q & A • 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 • 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 & A • 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 • How can I obtain a copy of my medical record from a clinic, a hospital, or my family physician?

37. Q & A • 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 • What are employees’ rights when the employer asks for medical information about them?

39. Q & A • 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 • Who can access a child’s school records?

41. Q & A • 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 • Since Children’s Aid Societies are not subject to FIPPA, how do I get access to my records?

43. Q & A • 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 • What are my responsibilities as an employer with regard to records of former employees?

45. Q & A • 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 • How can I find out the cause of death of a relative?

47. Q & A • 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 • If I find out that information about me in a government file is incorrect, what can I do?

49. Q & A • 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: info@ipc.on.ca • IPC brochures have been sent to each public library in the province.