Issues
- freedom of information
FIPPA
FIPPA
The Freedom of Information and Protection of Privacy Act (FIPPA) was amended in 2005 to include Ontario universities. This means that these institutions, as of June 10, 2006, are subject to the freedom of information and personal privacy protection requirements in the Act and regulations.
FIPPA Institutional Summary - Summary 2007
General
Protection of Privacy
Getting Access to Information
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What are some examples of useful information I might want to request from the administration?
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If the faculty association is a "trade union" under the OLRA, why are the provisions of the OLRA related to employer disclosure of information preferable to FIPPA in relation to collective bargaining issues and related research?
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Will there be potential access to new records that were not obtainable under the employer disclosure requests under the OLRA, especially in the areas of finance, administration, human resources, and fundraising?
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Which records are exempt from the application of the Act?
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What are the exemptions from disclosure most relevant to faculty (in other words, records that a Head may refuse to disclose if certain conditions are met)?
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How protective is the exemption to records "respecting or associated with research" mentioned in FIPPA ? Are there any potential concerns with how the amendment to FIPPA is worded in relation to faculty rights to plan, conduct and disseminate original research?
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How can I make a request to the administration for a record under the FOI provisions?
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Which electronic records may be disclosed under the Act (such as e-mails, course discussion groups, test results, etc)?
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Is there any case law regarding access to donor information, donation agreements, or contracts (for example from the health sector)?
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How do I appeal if my request for access is denied?
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How have universities prepared to respond to FOI requests?
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Will OCUFA help me access records I want?
General
Why is making universities subject to the requirements of FIPPA important to faculty and faculty associations?
Faculty, as generators or keepers of records, may be required to provide those records in response to a Freedom of Information request. Individual faculty or faculty associations may wish to generate requests for records held by members of the administration, for example. Faculty and administrations will be required to comply with the standards and practices for protection of personal privacy set out in the Act, regulations, and policies of the Office of the Information and Privacy Commissioner.
What is the purpose of FIPPA?
The Act governs two main areas: (1) access to information under the control of the institutions and educational institutions covered by the Act; and (2) protection of the privacy of individuals with respect to personal information about themselves and to provide individuals with a right of access to that information held by the institutions/educational institutions.
The right of access is governed by the principles that information should be available to the public and exemptions from rights of access should be limited and specific.
The Act can be accessed electronically at www.e-laws.gov.on.ca
What is the role of the Information and Privacy Commissioner (the "IPC")?
The IPC acts independently of government to uphold and promote open government and the protection of personal privacy.
Under its statutory mandate, the IPC is responsible for: resolving appeals from refusals to provide access to information; investigating privacy complaints about information held by government organizations and educational institutions; ensuring that the government organizations and educational institutions comply with the access and privacy provisions of the Acts; educating the public about Ontario's acce