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Opening the Door:Access to Government

Information

A primer for Media StudentsMohawk CollegeSept. 18, 2002

Bob Spence Communications Co-ordinator Office of The Information and Privacy Commissioner/Ontario (IPC)

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Overview

I. Introduction to the IPC/OntarioII. Relevant LegislationIII. Access and AppealsIV. Privacy and ComplaintsV. IPC Resources

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Introduction to the Information and PrivacyCommissioner/Ontario

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Ann Cavoukian, Ph.D.Information & PrivacyCommissioner/Ontario

The Commissioner

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Mandate and Role

The IPC provides an independent review of government decisions and practices.

The Commissioner is appointed by and reports to the Legislative assembly; she remains independent of the government of the day to ensure impartiality.

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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

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Relevant Legislation

The Acts

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What Is the IPC Concerned With?

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)

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What Do the Acts Entail (I)

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 to access should be limited and specific.

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What Do the Acts Entail (ii)

The other key purposes are to protect the personal information held by government organizations and to provide individuals with a right of access to their own personal information.

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What Organizations Are Covered by the Acts?

FIPPA– Provincial ministries– Most provincial agencies, boards and commissions– District health councils– Community colleges

MFIPPA– Boards of health– Police and transit commissions– School boards– And most other local boards

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Examples of What was learned through FOI

– Number of assaults in overcrowded Ontario jails increasing;

– Ontario pollution violation tally wrong, say environmentalists;

– A number of Ontario cabinet ministers came under fire for their expense accounts.

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Requests and Appeals

There were 22,761 requests filed in 2001, the highest number of requests since 1995.

There were 950 appeals opened in 2001, an 11 per cent increase over 2000 and a 42 per cent increase over 1998.

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What Information is Exempt? draft by-laws, records

of closed meetings Defence advice or

recommendations law enforcement relations with

governments third party business

information solicitor-client

privilege

economic and other interests of a government organization

danger to safety or health

personal information published information limitations on access

to own personal information

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Access and Appeals

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Making Your Request

Determine which organization has the information you want.

Send a written request to that organization’s Freedom of Information Co-ordinator.

include the $5 application fee

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Access Fees

In addition to the $5 request fee, there can be a number of other administrative fees

– Photocopying (20 cents/page)– Floppy disks ($10/disk)– Manually searching for a record ($7.50/15

minutes)– Preparing a record for disclosure ($7.50/15 minutes)– Developing a computer programme or other

method of producing a record from machine readable record ($15/15 minutes)

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How Should the Government Respond?

Government organizations must respond within 30 days, unless

– A large number of records have been requested;

– A search through a large number of records is necessary; or

– Consultations with a person outside that organization are deemed necessary.

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If They Say No….

Try to determine what “No” really means:

– Never; or– If you narrow your request…..

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Appeals

If you are not satisfied with a government organization’s response, you can appeal this decision to the IPC.

The IPC has the power to order the relevant institution to disclose information.

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Reasons to File an Appeal

denied access to some or all of information sought.

disagree with fee being charged.

did not receive a response within 30 days and/or disagree with reason given for time extension.

request to have personal information corrected was denied.

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How to Lodge an Appeal

Within 30 days of receiving the decision you must:

– Write a letter to the IPC explaining why you disagree with the decision;

– Include a copy of your original request, and the response; and

– Include the appeal fee.

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Appeal Proceedings

Dis imissalAppeal has no val id gr ounds

May be r esol ved in f or mal l y in s t ead

Mediat ed Sol ut ionP r ef er r ed opt ion

Or der Issued

Adj udicat ionE val uat es s it uat ion an d gives r ul ing

Mediat ionWor ks t o fi n d mut ual l y agr eeabl e sol ut ion,

or at l eas t t o n ar r ow f ocus of disput e

Int akeCol l ect in f or mat ion

Scr een out spur ious r eques t s

In some instances, complex cases may be passed straight from intake to adjudication

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Privacy and Complaints

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What is Personal Information?

Recorded information about an identifiable individual

Government organizations often need to ask for individuals’

Name Address Banking information Sex Marital status

Both Acts require that the government protect the privacy of the individuals whose information it holds.

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Examples of Privacy Complaints

Province of Ontario Savings Office disclosed to an outside polling firm clients’ names, addresses, SIN numbers, and account balances.

Ministry of health and long-term care forwarded a patient file To the patient, accidentally including records relating to another patient.

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The IPC’s Involvement

In 2001, the IPC received 96 privacy complaints.

Privacy complaints follow a similar procedure to that of FOI appeals. Mediators investigate complaints and propose solutions.

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Privacy Process: overview

DismissalOut s ide IP C j ur isdict ion

Compl aint demeans pur pose of Act

Resol ut ionIn f or mal sol ut ion r each ed

N o r epor t r el eased

Invest igat ionCase war r an t s inves t igat ion

an d r epor t

Int akeCol l ect in f or mat ion

Scr een out spur ious compl ain t s

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Questions?