User's guide to - Manitoba Ombudsman
Contents
1. Access complaints If you have made an Application for Access under FIPPA you may complain to our office for a number of reasons including the following the public body has not responded to your application within 30 days you do not believe the extension of the response time beyond 30 days is appropriate you have been denied access to all or part of the records for which you applied your request for correction of your personal information has been refused by the public body a public body refuses to waive all or part of fees as a third party you wish to contest a decision of a public body to give access to records against your wishes Generally the complaint must be made within 60 days after you are notified of the decision however different timelines may apply in certain cases If you are unsure of the deadline for making a complaint contact our office Privacy complaints You may complain to the Ombudsman if you believe your own personal information has been collected used or disclosed in violation of FIPPA While there is no specified time limit for making a privacy complaint the Ombudsman may decide not to investigate such a complaint if too much time has passed so your complaint should be made a soon as possible Making a complaint to the Ombudsman The law requires that all access and privacy complaints seman COMPLAINT FORM SS must be made using the ay FIPPA Complaint form These forms c2. a public body is not required to answer a question simply because it is posed ona FIPPA Application for Access Be sure that your application asks for records Itisa good idea to talk to the public body before you make your request to find out more about the records you may want to access Knowing how the records are kept and managed or how statistics about a program are tracked before you submit your request can make for more efficient and effective processing of your request Refer back to prior applications and access decisions so you can avoid requesting records you ve recently received or requesting records that don t exist Ifyou re requesting records on behalf of an organization consider designating a back up person who can deal with the public body on your behalf if you re not available Get back to the public body as soon as possible when they contact you for clarification about your request Remember that once a request is made the clock continues to tick towards the deadline for the public body to respond to your request If it takes two weeks to clarify what records you are requesting there is less time left for processing your application and the public body may need to extend the deadline to respond to your request The sooner you connect the sooner work can begin on processing your application continued Keep all records about your request in one place a copy of your application the public body s acces
3. 8 18 19 Protecting Your Privacy Privacy principles What is personal information Collection of personal information Use of personal information Disclosure of personal information Access and Privacy Investigations Access complaints Privacy complaints Making a complaint to the Ombudsman What happens once a complaint is made What happens during an investigation How long does an investigation take Potential outcomes of complaints What if you don t agree with our findings The Information and Privacy Adjudicator Resources 20 20 21 22 23 24 25 25 26 26 27 27 28 29 30 30 31 About FIPPA The Freedom of Information and Protection of Privacy Act FIPPA came into force on May 4 1998 and replaced The Freedom of Information Act Access and privacy legislation is based on two fundamental rights of people in a democratic society the right to access information held by government and other public bodies including information about ourselves subject only to certain specified exceptions and the right to privacy for personal information collected stored used and disclosed by public bodies FIPPA gives you the legal right to access records held by Manitoba public bodies subject to certain exceptions The Act also requires that public bodies such as provincial government departments protect the privacy of your personal information contained in records they hold
4. Act The Workers Compensation Act and the Youth Criminal Justice Act Canada It is important to remember that FIPPA is only intended to provide access to records not answers to questions If you have a question about a government policy you should contact the department directly Limits on what can be released Access is the rule however there are circumstances in which a public body is authorized to withhold information or can choose to withhold the requested information When a public body withholds information it must tell you why it is doing so and refer to the specific provision of FIPPA on which its decision is based It is possible that part of a record may be released to you while other information is withheld or blacked out This is what is known as severing How much does it cost In Manitoba there is no cost to request information from a public body whether it is an informal request or one that involves an access to information request under FIPPA There may however be costs for the search and preparation of records related to the request See the section on Fees for more details Anyone can request information under FIPPA You do not need to be a Canadian citizen or a Manitoba resident Getting started Sometimes the information you are looking for may already be available It is a good idea to check the website of the public body or contact them directly to see if you can get the information yo
5. Some of the public bodies that fall under FIPPA include Provincial government departments Executive Council Manitoba s Premier and ministers All municipal governments including the City of Winnipeg Local government districts Community councils under The Northern Affairs Act Planning and conservation districts Crown corporations such as Manitoba Hydro and Manitoba Public Insurance Manitoba boards commissions and similar bodies such as the Municipal Board and the Public Utilities Board School divisions universities and colleges Hospitals and regional health authorities FIPPA does not apply to Private sector businesses non profit organizations or professional organizations Employee information in the federally regulated private sector and the personal information of customers is protected under the Personal Information Protection and Electronic Documents Act For more information on this legislation visit the website of the Office of the Privacy Commissioner of Canada at www priv gc ca Federal government departments agencies and crown corporations These bodies are governed by the federal Privacy Act and the Access to Information Act For more information on this legislation visit the websites of the Office of the Privacy Commissioner of Canada at www priv gc ca and the Office of the Information Commissioner of Canada at www oic ci gc ca The access collection use or disclosure of your personal health inf
6. User s Ge 40 FIPPA pe Freedom OF Inform tion and protection f Privacy acy ACCESS to information and protection of PRIVACY Upholding Your 7 Information Access and Privacy Rights Introduction We have produced this guide to assist you in understanding and exercising your rights under Manitoba s Freedom of Information and Protection of Privacy Act FIPPA As the oversight office for this legislation Manitoba Ombudsman investigates complaints about how public bodies respond to access to information applications and protect your privacy We also provide public bodies and the public with information and education about the legislation On a daily basis we talk to people who have access or privacy concerns and we talk to employees of public bodies who deal with access applications and privacy matters We really do see and we hope understand both perspectives Based on this experience we have offered a practical guide to using the legislation effectively Much of what we say in these pages seems like common sense and that s by design We have included a blend of information about what the legislation says and practical tips on how to address your privacy concerns and how to use the systems in place to gain access to the information you need We hope you find it helpful The guide is also available on our website and the web version will be updated to include any significant changes as they occur The overarch
7. an be obtained by Rann TER RN errr contacting the Manitoba SEAT Tahoe 800 086 0554 Ombudsman at 204 982 9130 or toll free at 1 800 665 0531 They can also be found on our website at www ombudsman mb ca For privacy complaints it is helpful to include a RF completed questionnaire amar tor ne pupa tan compar zaw ary personai nammason tout me m which is also available from ieee ie S our office There are separate questionnaires for complaints regarding collection use and disclosure and they O ANA are intended to assist you in providing details of your complaint Questionnaires are available on our website at www ombudsman mb ca or you can contact our office at 204 982 9130 or toll free at 1 800 665 0531 ty a massaa vo ma a vas dayama tara TJ YA DNO When sending in your complaint it is helpful if you can provide us with any supporting documents records or correspondence relating to your complaint including a copy of the FIPPA Application for Access form sent to the public body What happens once a complaint is made Your complaint will be reviewed to ensure it is a matter that we can investigate You may receive a call from one of our intake analysts if clarification is required If the office can investigate the matter it will be assigned to an investigator The investigator will send an acknowledgement letter and may also follow up with a phone call to advise you that he o
8. cases a blank space or a heavy black line and the FIPPA provision for the applicable exception should appear in place of the severed information Mandatory exceptions There are mandatory exceptions when it comes to withholding information When a mandatory exception applies a public body has no choice but to withhold the information Mandatory exceptions include unreasonable invasion of another individual s privacy Section 17 harm to a third party s business interests Section 18 Cabinet confidences less than 20 years old Section 19 information provided in confidence by another government Section 20 information in a law enforcement record covered by a Canadian law which prohibits disclosure Subsection 25 2 information of a third party that is subject to solicitor client privilege Subsection 27 2 Discretionary exceptions A discretionary exception is one in which a public body has a choice in terms of whether to disclose the information If the public body chooses to withhold the information based on a discretionary exception it should clearly explain the reason for its decision Discretionary exceptions include harm to intergovernmental relations Section 21 confidential deliberations of a local public body Section 22 advice to a public body Section 23 individual or public safety concerns Section 24 harm to law enforcement or legal proceedings Section 25 security of property Section 26 solicitor c
9. e Access and Privacy Coordinator for a further explanation The coordinator may also be able to help you narrow your request which may reduce fees and still allow you to get the information you want This may involve identifying timelines for the request or modifying it to reduce duplication of records If you are still unsatisfied and believe the fee estimate is unreasonable you may submit a complaint to the Manitoba Ombudsman Waiving fees You can ask the public body to consider waiving fees associated with your request This must be done in writing It is up to the public body to decide whether it wants to waive fees entirely provide a partial waiver or require you to pay the full amount In making its decision the public body must consider the following whether paying the fees would impose an unreasonable financial hardship on you whether you are requesting access to your own personal information and a waiver is reasonable and fair in the circumstances whether the records relate to a matter of public interest concerning public health safety or the environment If you have any questions about what information to provide in your request for a fee waiver you can contact the Access and Privacy Coordinator The onus is on you to fully explain why you meet the criteria identified above for a fee waiver You should provide as much detail as possible to support your request For example if you believe having to pay the fees wil
10. e from the public body within 30 calendar days unless the public body has transferred the request to another public body or extended the response time The public body may extend the time limit for responding for an additional 30 days Longer extensions require the permission of the Ombudsman Some of the reasons for an extension include if the applicant does not provide enough detail to enable the public body to identify the requested records if a large number of records is requested or must be searched and responding within 30 days would interfere unreasonably with the operations of the public body if the public body needs time to consult with a third party or another public body before deciding whether to grant access If the public body decides to extend the response time limit you must be informed by the public body in writing of the reason for the extension and given the new date by which a response may be expected The time limit means that a public body s response must be sent to you by the 30th day although it may still take a few days to reach you by mail If it has been more than 30 days and you have not received a response contact the Access and Privacy Coordinator to find out the status of your request If you are not satisfied with the response you may submit a complaint to the Manitoba Ombudsman Fees There is no charge for making an application under FIPPA However the Act does allow public bodi
11. efs association or activity your education employment or occupation your source of income or financial circumstances activities or history your criminal history including regulatory offences your personal views or opinions except if they are about another person views and opinions expressed about you by another person identifying numbers assigned to you such as your Social Insurance Number driver s licence or credit card number FIPPA permits public bodies to collect use and disclose your personal information There are however privacy considerations and responsibilities under FIPPA that apply to use disclosure retention security and destruction of records If you are concerned that a public body has collected used or disclosed your personal information contact the Access and Privacy Coordinator of the appropriate public body to discuss your concerns If you are not satisfied with the public body s explanation or response you may make a complaint to the Manitoba Ombudsman Collection of personal information Under FIPPA the collection of personal information requires consideration of the following factors Purpose of collection Under FIPPA a public body can only collect personal information when the collection of the information is authorized by law the information relates directly to and is necessary for an existing service program or activity of the public body the information is collected for law enforceme
12. er to you and the public body or it may be a more formal report with specific headings Both you and the public body will be advised of our findings in advance of the report being sent out In some instances we will make reports public if we believe the findings may help educate and inform the public If a report is released publicly any information that may identify the person who made the complaint will be removed Potential outcomes of complaints When investigating a complaint we will try to resolve your complaint with the public body informally This may involve finding some common ground whereby the public body agrees to release some information to you or you agree to modify your request In some instances our office may find that your complaint is supported Our report will note that your complaint is supported and we will follow up with the public body to make sure it complies with our findings In some instances we may make specific recommendations about the action a public body should take This could include changes to policies or increased training for employees It is possible that a complaint may be supported in part For example we may find that the public body was correct in refusing access to part of adocument but that other information should have been released to you Once again we will work to ensure that information that should have been released is provided to you Finally we may find that the complaint again
13. es to charge for the following Search and Preparation Fees the first two hours are free after that it is 15 per half hour applies to locating the records time to make working copies doing any required severing Computer Programming and Data Processing Fees 10 for each 15 minutes of in house programming or data processing or the actual cost of having it done externally Copying Records photocopies and computer printouts 20 cents per page prints from microfilm 50 cents per page any other copying method actual cost Note applicants requesting copies of their own personal information are not required to pay for the copies if the total copying charge is less than 10 Delivery Fees regular mail no charge courier delivery actual cost Fee estimates If a fee applies the public body will send you an Estimate of Costs form before doing any work You will have 30 days to notify the public body if you will pay the cost or want to modify your request in order to possibly reduce the fee If you want the public body to proceed with the original request you will have to sign the Estimate of Cost form and send it with the total payment to the public body The public body is not required to provide a fee estimate for copying records related to your request as the total number of pages may not be known at this point If you receive a fee estimate that you think is unreasonable you may want to contact th
14. he correction the public body must make the requested correction and notify you of the correction notify you that it will not make the correction and the reason for refusing the request If the public body refuses to make the correction it must add your request for correction to that record You have the right to submit a complaint to the Manitoba Ombudsman about a refusal to correct a record Access Decisions Access granted The public body will reply in writing to your request If access is granted you should be informed when and how access to the records will be given Access denied If you are denied access to all or some of the requested records you should be advised in writing of the specific FIPPA provisions called exceptions to disclosure on which the refusal is based and an explanation of how the exceptions apply The contact information for an employee of the public body who can answer questions about the refusal will also be provided and you will be informed of your right to complain to the Manitoba Ombudsman Exceptions to disclosure There are circumstances under FIPPA in which a public body is required to withhold information or can choose to withhold the requested information These provisions are known as exceptions to disclosure When an exception to disclosure applies to part of the record this information will not be disclosed However the remainder of the document should be provided to you In most
15. ing purpose of access to information legislation then is to facilitate democracy It does so in two related ways It helps to ensure first that citizens have the information required to participate meaningfully in the democratic process and secondly that politicians and bureaucrats remain accountable to the citizenry Grounded in man s physical and moral autonomy privacy is essential for the well being of the individual For this reason alone it is worthy of constitutional protection but it also has profound significance for the public order The restraints imposed on government to pry into the lives of the citizen go to the essence ofa democratic state Justice G rard La Forest We would like to thank the Information and Privacy Policy Secretariat IPPS of Manitoba Culture Heritage and Tourism for input in the development of this guide Table of Contents About FIPPA Accessing Information What information is available Limits on what can be released How much does it cost Getting started Contacting the public body Tips for working with public bodies Making an access request Tips for filling out the Application for Access Tips for frequent requesters Time to respond Fees Fee estimates Waiving fees Correcting your personal information Access Decisions Access granted Access denied Exceptions to disclosure Mandatory exceptions Discretionary exceptions o0 0 U Ja a 18 18 18 1
16. ired to have an Access and Privacy Coordinator These coordinators are there to help you get the information you need They will explain to you what information may or may not be available related to your request and whether you are required to fill out a formal application for access They will go over the process with you and help you if necessary fill out the form Access and Privacy Coordinators have an obligation under FIPPA to help you with processing your request Once you make a request you may receive a follow up phone call from a coordinator requesting additional information or clarification regarding the information you are seeking Working with coordinators can be a helpful and effective way to get the information you want quickly Access to information should not be an adversarial process Access and Privacy Coordinators are there to help you and can provide advice and assistance A list of public bodies and Access and Privacy Coordinators can be found at www gov mb ca chc fippa wheretosend Tips for working with public bodies Try to be as specific as possible about the type of information you are seeking It is a good idea to write this information down in advance along with any other relevant questions before contacting the public body Be patient as it may take some time to clarify your request Ask them how long it will take to deal with your concern and if nothing happens call them back to check on any progress If
17. l create a financial hardship you may want to provide details about your current financial circumstances The public body will inform you in writing of its decision about waiving the fees Correcting your personal information FIPPA gives you the legal right to request your own personal information If you have obtained access under FIPPA to your own personal information and you believe there is an error or omission in the information FIPPA gives you the legal right to request that the public body correct the record Once again it is always a good idea to first contact the public body and explain the type of correction you are seeking The public body may be able to make the correction immediately if it is fairly straightforward such as a change of address or phone number For other corrections the request must be made in writing to the public body Unlike making an access request there is no specific form required However your request should include an explanation of why the information contained in the record is inaccurate or incomplete acopy of the portion of the record that you believe is inaccurate or incomplete if possible an explanation of what correction you would like to have made Your request should be sent to the Access and Privacy Coordinator of the public body that has the personal information Keep a copy of all the information you send to the public body Within 30 days after receiving the request for t
18. lic body is considered to be a use of personal information Employees of a public body use recorded information when they look at the information copy the information create another record containing the information such as a letter or memo share the information within the public body either verbally or by e mail or fax Within a public body only an employee who needs to know your personal information in order to perform his or her job should have access to it If your personal information will be used to make a decision that directly affects you the public body must take reasonable steps to ensure that the personal information is accurate and complete The public body must also protect personal information by making reasonable arrangements to minimize the risk of unauthorized use The privacy protections of personal information including those concerning use are set out in FIPPA The general duties of the public body concerning use are as follows every use must be authorized under the Act every use must be limited to the minimum amount of information necessary to accomplish the purpose for which it is used the use of the personal information by employees must be limited to those who need to know Disclosure of personal information Another purpose of FIPPA is to protect you against unauthorized disclosure of your personal information by public bodies Disclosure means revealing recorded personal informatio
19. lient privilege of the public body Section 27 harm to the economic and other interests of a public body Section 28 testing procedures tests and audits Section 29 confidential evaluations about the applicant Section 30 harm to the preservation of heritage resources Section 31 information that will be available to the public Section 32 If you don t understand or need clarification of an exception contact the Access and Privacy Coordinator The coordinator will be able to provide an explanation of the exception and how it applies to your request Remember the onus is on the public body to demonstrate why information should be withheld If you are not satisfied with the public body s response you may want to contact the Access and Privacy Coordinator for a further explanation If you are still unsatisfied you may submit a complaint to the Manitoba Ombudsman The Freedom of Information and Protection of Privacy Act FIPPA is not only designed to provide you with access to records it is also there to ensure your privacy rights are protected FIPPA sets out rules that must be followed to protect the privacy of your information Privacy principles FIPPA sets out requirements that public bodies must follow to protect the personal information they hold In Manitoba the legislation reflects the following principles Collection Organizations must collect personal information directly from the individual concerned unle
20. n to someone outside of the public body Recorded information may be disclosed in a number of ways providing the record itself or a copy of it creating another record such as a letter or memo containing the information verbally disclosing information from the record When disclosing personal information a public body is required to take precautions appropriate to the circumstances to ensure that the information is revealed only to the intended recipient Every disclosure must be limited to the minimum amount of information necessary to accomplish the purpose for which it is disclosed A public body is required to assess each situation and consider the following before making the disclosure the reason for making the disclosure whether the purpose for the disclosure is permitted under the Act _ if itis appropriate in the circumstances to obtain consent even if the disclosure is otherwise authorized how to limit the disclosure to the minimum amount of information necessary to accomplish the purpose the level of sensitivity of the information to whom the information is being disclosed how the information should be disclosed P g The Manitoba Ombudsman is an independent review office with broad investigative auditing and reporting powers under FIPPA Complaints generally fall into two categories those that deal with access to information requests and those concerning the privacy of personal information
21. nd Privacy Adjudicator for review The Adjudicator has the power to order the public body to comply with our recommendations For example the Adjudicator could order a public body to release information that has been withheld from an applicant requesting access or could order a public body to change the way it collects uses or discloses personal information For further information about the role of the Manitoba Ombudsman under FIPPA and the procedure for making a complaint visit the Ombudsman s website at www ombudsman mb ca or call us at 204 982 9130 or 1 800 665 0531 Resources Manitoba Ombudsman 750 500 Portage Avenue Winnipeg MB R3C 3X1 Phone 204 982 9130 Toll Free 1 800 665 0531 Fax 204 942 7803 Website http www ombudsman mb ca Information and Privacy Policy Secretariat PPS 130 200 Vaughan Street Winnipeg Manitoba R3C 1T5 Phone 204 945 1252 Toll Free 1 800 617 3588 Manitoba Fax 204 948 2008 E mail fippa gov mb ca Website http www gov mb ca chc fippa Office of the Privacy Commissioner of Canada For all general inquiries contact Phone 613 947 1698 Toll free 1 800 282 1376 Fax 613 947 6850 TTY 613 992 9190 Website http www priv gc ca Office of the Information Commissioner of Canada Phone 613 995 2410 National Capital Region Toll Free 1 800 267 0441 Fax 613 947 7294 TTY 613 947 0388 TTY E mail general oic ci gc ca Website http w
22. nt purposes or crime prevention Limit on amount of collection When a public body collects personal information it must only collect as much information about you as is reasonably necessary to accomplish the purpose for which the information is being collected Manner of collection FIPPA requires a public body to collect personal information directly from you unless another manner of collection is permitted under the Act FIPPA lists approximately 20 situations where a public body may collect your personal information from another source This is known as indirect collection of personal information Some of those situations include verifying your eligibility in a program collecting a debt or fine or enforcement of family maintenance orders Notice of collection When a public body collects personal information directly from you it must inform you of the purpose for which the information is collected the legal authority for the collection the title business address and telephone number of an officer or employee of the public body who can answer your questions about the collection Use of personal information One of the purposes of FIPPA is to protect you against unauthorized use of personal information by public bodies which would include the handling and sharing of recorded personal information within the public body It is important to note that sharing personal information between various divisions or programs of a pub
23. olds the records Be as specific as possible reference relevant dates names of individuals and or documents Consider the scope of the request Requests that are broader in nature may take longer to process and may incur fees Make sure to include your name address and telephone or fax number where you can be reached Sign the form and keep a copy for your reference Send the completed application form to the Access and Privacy Coordinator of the public body that has the information that you are seeking Keep a file of information related to your request such as any responses you may receive from the public body Tips for frequent requesters Those of you who make frequent access requests under FIPPA are in a unique position to help the access to information system work better and more effectively not only for you but for other applicants and the public bodies responding to your requests Here s how you can make it happen Before making an application for access consider other sources of information that may be available such as websites annual reports and other published material If you re looking for information about the provincial government consider talking to the Manitoba Legislative Library and or Manitoba Government Inquiry to see if they can either provide the information or records you are looking for or put you in touch with someone who can Remember that FIPPA provides a right of access to records
24. ormation This type of information is governed by The Personal Health Information Act For more information visit www ombudsman mb ca For more information visit the Manitoba Ombudsman s website at www ombudsman mb ca Accessing Information what information is available FIPPA applies to most records held by or under the control of a public body A record includes any information that is written photographed recorded or stored Some examples of records are minutes letters memos reports notes blueprints financial transaction records photographs audiovisual material and e mails whether stored in hard copy or electronic format Not all records are subject to FIPPA Some records excluded from FIPPA are court records records of the Legislative Assembly and its officers the Speaker Clerk of the Assembly Auditor General Manitoba Ombudsman Information and Privacy Adjudicator Children s Advocate and Chief Electoral Officer records of members of the Legislative Assembly who are not ministers teaching materials and research information of employees of educational institutions questions used on an examination or test publicly available records such as provincial government annual reports Access to records may be governed by other laws that may take precedence over FIPPA such as The Adoption Act The Child and Family Services Act The Mental Health Act The Securities Act The Statistics Act The Vital Statistics
25. r she will be making inquiries The investigator will provide the public body with information about your complaint including a copy of your complaint form in order to allow the public body to adequately respond to our office By law no one is entitled to comment on any discussions or have access to any documents provided to the Ombudsman by another person or the public body This means our office cannot provide you with a copy of the public body s response to our office about your complaint What happens during an investigation Our investigation will involve gathering information and evidence We will review information relevant to the complaint which may include a review of provincial legislation policies and other relevant documents such as correspondence written and e mail contracts and notices Our investigation also involves talking to you and the public body to determine whether the decision or action of the public body was in compliance with FIPPA Both you and public body can provide additional information to our office in order to explain and or clarify your positions How long does an investigation take FIPPA requires that an investigation be completed and a report made within 90 days after a complaint is made We may extend this period by providing a letter to you and the public body When we complete our investigation we will issue a written report with our findings This report may be in the form of a lett
26. s decision and any other correspondence you ve had with the public body about your request Make a note of any discussions you ve had with the public body about the request Ifyou are requesting all records containing a particular word phrase or name or about a particular subject be sure to provide as much context as possible by specifying a date range a location a program area and or any other parameters that might help the public body know where to search for records Responding to an application often involves searching for and reviewing more records than you may have expected and the better the communication between you and the public body the less likely it is that the response to your request is delayed by a potentially unnecessary review of large volumes of records Ifyou submit a large number of applications at once it may not be reasonable to expect that the public body will be able to respond to all of your requests within 30 days Consider prioritizing your applications and submitting them to the public body in order by priority Think about the nature of the records you re requesting For example if you would like to know about expenses for a recent event or program it s more likely for the public body to have records about the budget for the event rather than records about the actual expenses for which invoices may not yet have been received Time to respond In most cases you should receive a respons
27. ss permitted otherwise by law and collect only what is necessary to carry out the purpose for which the personal information is collected Use Personal information collected for one purpose should not be used for another purpose except in specified circumstances or with the consent of the individual Disclosure Personal information should not be released to another organization or individual except in specified circumstances Information management Records management policies and procedures must be followed to ensure that records are protected and kept only as long as necessary Individual access An individual should be able to access his or her personal information and to correct this information Openness Documentation about information management policies practices and holdings should be available to the public and easily understandable Accountability Organizations are accountable for their personal information policies practices and the records in their possession What is personal information Personal information is any kind of recorded information about an identifiable individual Below are some examples your name your home address or home telephone number facsimile or e mail address your age sex sexual orientation marital or family status your ancestry race colour nationality national or ethnic origin your religion or creed or religious belief association or activity your political beli
28. st the public body is not supported because the public body has complied with FIPPA We may for example determine that the public body was correct in refusing to disclose information that would have been an unreasonable invasion of another person s privacy What if you don t agree with our findings If you remain dissatisfied with the response of the public body after the Ombudsman s investigation and report you have the right to appeal to the Manitoba Court of Queen s Bench An appeal may be made only after the Ombudsman has issued a report and can only be made concerning refusal of access decisions There is no appeal to court under FIPPA about other access decisions or the collection use or disclosure of personal information by a public body Generally an appeal must be filed with the Court of Queen s Bench within 30 days of receiving written notice from the Ombudsman The Court may dismiss an appeal if it determines the public body was authorized or required to refuse access to a record If the Court determines that the public body was not authorized or required to refuse access it may order the release of some or all of the information A decision of the Court of Queen s Bench is final and binding The Information and Privacy Adjudicator If we make recommendations about an access and privacy complaint and the public body fails to act on the recommendations of our office we may refer the matter to the Information a
29. there is a degree of urgency involved let them know and explain why If you do not understand a policy or procedure ask the coordinator for an explanation Some policies and procedures are quite complex and you are not expected to be an expert or understand everything immediately Ask the coordinator to identify any rules policies or laws and ask for copies of these Some requests for information can be complicated Take notes and keep track of the names of people you have spoken to when you spoke to them and the outcome of each conversation For more tips on how to work effectively with public bodies please see Achieving Fairness Your Guide to Dealing with Government available at www ombudsman mb ca Making an access request When making an access request you must fill out a FIPPA Application for Access form Forms are available at www gov mb ca chc fippa appforms html In most cases the public body can also provide you with a FIPPA Application for Access form Trereatomofhrmatonend Pee ormie Manitoba SP opat tor Ress wers teken sop same hh m Tow sata aw zad pa TAE m maa Aa wro Native ara YATAR oo wc 1 powa tu esa mera ez praw mian to antun see to saw sa Aa zr dei ease So Pezeta raper stia m sarm ore eps pa ecg omar tn beep d pa zt Tips for filling out the Application for Access Make sure you are sending your request to the public body that h
30. u want without submitting a FIPPA application If you are a recipient of services and looking for information from the public body from which you receive services first contact the employees you regularly deal with at the public body Some offices have an established process for providing information FIPPA does not replace these existing procedures for obtaining information that is normally available to the public For example you will have to fill out a specific form and pay a fee if you want a copy of your birth certificate Contacting the public body If you are not sure which public body holds the information you are looking for contact the Information and Privacy Policy Secretariat IPPS for assistance IPPS is part of the Manitoba Government and provides procedural advice to Access and Privacy Coordinators and Officers in government departments and agencies and to local public bodies They can help you with questions you may have concerning information accessibility confidentiality and privacy issues IPPS can also help you identify what public body may hold the records you want to access IPPS can be contacted at 130 200 Vaughan Street Winnipeg Manitoba R3C 1T5 Phone 204 945 1252 Toll Free 1 800 617 3588 Manitoba Fax 204 948 2008 E mail fippa gov mb ca Website http www gov mb ca chc fippa When you contact the public body you will usually speak with an Access and Privacy Coordinator All public bodies are requ
31. wwzoic ci gc ca Manitoba Legislative Library The Library holds extensive collections of books government publications and serials Phone 204 945 4330 Main Reading Room Fax 204 948 1312 Email legislative_library gov mb ca Website http www gov mb ca chc leg lib Manitoba Government Inquiry For general information and assistance Phone 204 945 3744 Toll Free 1 866 MANITOBA 1 866 626 4862 E mail mgi gov mb ca Website http www gov mb ca contact City of Winnipeg For general information and assistance Phone 311 Fax 311 Toll free phone or fax 1 877 311 4974 4WPG TTY 204 986 1311 Website http www winnipeg ca interhom contact Manitoba Ombudsman my www ombudsman mb ca 6 z lt a am K SEF SL n ENS
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