Freedom of Information Q&A
Is FOIPOP federal or provincial?
Both - federal and provincial legislation for public and private sectors, government, universities and hospitals.
What should you do if a student requests access to his/her student file?
Refer the student to the Registrar's Office; they have a process in place.
Can I request someone else's personal information?
Not as a rule.
If I record my opinions of individuals is that my personal information or theirs?
Theirs.
Are salaries and expenses our own personal information, protected from disclosure?
No, this is public information in a public body.
If you are part of an interview panel, are the notes you write about applicants their personal information?
Yes, applicants may request this information.
Does FIPPA require faculty to disclose their research projects?
No, FIPPA does not apply to faculty research, unless the project requires examination of student records or other personal information.
How does FIPPA affect examination of personal information for research or statistical purposes?
Section 35 of FIPPA makes provision for research purposes and sets boundaries on disclosure to protect the privacy of the individual(s) concerned. Please contact the Freedom of Information and Protection of Privacy Coordinator for information or see Section 35 and/or the complete Freedom of Information and Protection of Privacy Act.
Does FIPPA cover minutes of bargaining agents and/or union meetings?
No. FIPPA only covers public bodies - not associations or societies. If, however, the minutes are distributed to the library or members of administration, the documents become part of the institution's public record holdings and, as such, may be subject to FIPPA disclosure requirements.
Can't we just delete our emails?
Section 31 of the FIPPA says "If an individual's personal information: (a) is in the custody or under the control of a public body, and (b) is used by or on behalf of the public body to make a decision that directly affects the individual, a public body must ensure that the personal information is retained for at least one year after being used so that the affected individual has a reasonable opportunity to obtain access to that personal information."
It would therefore be an offense for us to delete emails in order to avoid giving access to the information.
Can we c.c. the lawyer when having email discussions and take advantage of lawyer/client privilege?
Only if: (a) you are seeking an opinion from the lawyer or providing information for that end; and (b) you are in or on the way to litigation, i.e. clearly launched or imminent. Then the emails would be "privileged" as part of the lawyer's brief. The mere fact a lawyer's name is on a document (email) doesn't constitute lawyer/client privilege.
Do I have to release information contained in confidential files?
All confidential files should be considered releasable unless one of the exemptions under the FIPPA applies. Contact the Freedom of Information and Protection of Privacy Coordinator if you have any questions about exemptions.
Do interviewees have access to the notes I took during hiring interviews?
Under FIPPA, individuals have access to any information recorded about them, including notes taken during interviews. As a general rule, it is wise to be objective when recording information and not write down anecdotal comments, unless you are prepared to have it read by the interviewee at some future date.
Do students have access to the personal evaluation forms completed by employers who accepted students in practicum or co-operative education placements?
Yes. Students have a right to see all personal information the institution has collected about them.