- Policy #:
- AD02
- Responsible Authority:
- Vice-President, Administration
- Approval Authority:
- President's Executive Committee
- Executive Sponsor:
- President
- Approval Date:
- 1996/04/22
- Last Reviewed:
- 2011/08/10
- Mandatory Revision Date:
- 2016/08/16
- Downloadable Version:
- Freedom of Information and Protection of Privacy
PURPOSE
To provide access to public information held by the College while protecting the privacy of personal information in compliance with the Freedom of Information and Protection of Privacy Act (FIPPA)
SCOPE
The contact person to access public information held by the College, except for information which is excluded under FIPPA is:
Duane McNair, Freedom of Information Coordinator
Vice President, Administration
1385 Woodroffe Avenue, Room C548,
Ottawa, Ontario, K2G 1V8.
mcnaird@algonquincollege.com
DEFINITIONS
Word/Term | Definition |
FIPPA | Freedom of Information (FOI) and Protection of Privacy Act |
FOI Coordinator | Person responsible for the coordination of activities related to FIPPA. The role has been delegated by the Chair of the Board of Governors to the President. The President has designated the Vice President, Administration as the FOI Coordinator. |
Record | Any record of information however recorded, whether in printed form, on film, or by electronic means ( Appendix 1) |
Personal information | Any recorded information that can identify an individual (Appendix 1). Information about individuals acting in their business or professional capacity such as name, title, work address, work telephone number, email address is NOT considered personal information. |
Complete request | Request that contains all the information required by the College to find the record |
POLICY
- The College will comply with FIPPA which gives members of the general public a legal right to access information held by the College as an agency of the Government. FIPPA also gives individuals the right to access their own personal information and establishes standards to ensure that this information is protected.
- Access to Information
2.1 Every person has the right to access a record or part of a record in the custody or under the control of the College unless the record or part of the record contains personal information or falls within one of the exemptions listed below or provided for in FIPPA.2.2 The College shall refuse to disclose personal information to any person other than the individual to whom the information relates except:
2.2.1 upon the prior written request or consent of the individual;
2.2.2 in compelling circumstances affecting the health or safety of an individual; or
2.2.3 in accordance with the provisions of the Act. (See Appendix 2)2.3 The College shall refuse to disclose a record:
2.3.1 where the disclosure could reasonably be expected to interfere with a law enforcement matter;
2.3.2 where the disclosure could reasonably be expected to reveal information received in confidence from another government body or its agencies;
2.3.3 that reveals a trade secret or scientific, technical, commercial, financial, or labour relations information;
2.3.4 that contains information relating to specific tests, testing procedures or techniques that are used in the evaluation of students;
2.3.5 that is subject to solicitor-client privilege;
2.3.6 excluded under the provisions of the Act. - Collection, Use and Disclosure of Personal Information
3.1 Personal information shall not be collected unless it is expressly authorized by statute, used for purposes of law enforcement, or necessary to the proper administration of a lawfully authorized activity. [FIPPA section 38(2)].3.2 The College shall collect personal information necessary to accomplish the College’s academic and operational activities. Students’ Personal Information includes, but is not limited to, student number, education or health history, a student’s own grades and professors’ evaluative comments on a student’s learning.
3.3 The College will ensure that all forms by which personal information is collected will specify:
- the legal authority for the collection;
- the principal purpose(s) for which the information is to be used; and
- the address and telephone number of an employee who can answer questions about the collection.3.4 The College will only collect, use and disclose personal information with the informed consent of individuals, unless such information is required or authorized by law (e.g. specific sections of the Labour Relations Act, Occupational Health and Safety Act, Statistics Act, etc.).
3.5 FIPPA permits the disclosure of personal information to an institution or a law enforcement agency in Canada to help an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result (section 42 (g) of the Act). Any requests by police for information regarding students, faculty or staff are to be directed to the Freedom of Information & Privacy Protection Coordinator to determine what personal information can be released and maintain a record of the request.
3.6 The College will provide individuals with a right of access to their own personal information.
3.7 The College will not disclose the personal information of any staff or student to a third party unless it is stipulated under FIPPA. (See Appendix 2 for those circumstances when personal information can be disclosed.)
3.8 The College shall use personal information for the purpose for which it was obtained or compiled, or where the individual has consented to its use.
3.9 FIPPA shall not preclude the College from giving access to information in response to an oral request or in the absence of a request. Any existing practice for the release of information, which is not personal in nature, may continue at the discretion of the responsible Vice President.
3.10 The College will apply the Detailed Procedures found in the Procedures Manual produced by the Office of the Information and Privacy Commission of Ontario. In addition, staff are encouraged to read the legislation and to contact the FOI Coordinator if they require information.
- Freedom of Information and Protection of Privacy Coordinator
4.1 Under FIPPA,the Chair of the Board of Governors, as designated head of the College, has the power and duty to make decisions on requests to access College records. The Board of Governors shall delegate these powers and duties to an officer of the College, the Vice President, Administration, who will act as the Freedom of Information and Protection of Privacy Coordinator (FOI Coordinator).
4.2 The Freedom of Information and Protection of Privacy Coordinator (FOI Coordinator) shall be responsible for the coordination of activities related to FIPPA.
4.3 The FOI Coordinator shall be the contact person for all public inquiries regarding FIPPA.The coordinator shall review all requests for access and rule on refusals, exemptions, transfers severance and third party notification. The FOI coordinator will rely on his/her knowledge of FIPPA and seek legal counsel if necessary to ensure that the College is in compliance with the legislation.
4.4 The FOI Coordinator shall represent the College at any enquiry or appeal conducted by the Comissioner.
4.5 Each area of the College shall name a Records Coordinator who will coordinate the search and the release of records to the FOI Coordinator, at his/her request. The areas of the College are:
- President/Board of Governors
- Academic
- Administration
- Advancement
- Business Development
- Human Resources
- Student Services4.6 The FOI Coordinator shall document information on all requests received, the rationale for decisions on access and the disposition of the requests. A tracking and recording system will be used to ensure that all requests are processed within the established time limits and to generate the statistics for the annual report to the Commissioner.
4.7 The FOI Coordinator shall require the assistance of the President and the Vice Presidents to monitor compliance with the FIPPA privacy provisions and the notification requirements on forms.
PROCEDURE
Action | Responsibility | ||
1. | Receipt of Request | ||
1.1 | Submit written request to access information under FIPPA, including those from the Ministry or other government agency, to: Duane McNair, Freedom of Information Coordinator | Requester | |
1.2 | With the written request, include sufficient details to identify the record being sought and pay the prescribed fee of $5.00 | Requester | |
1.3 | Log the request from the date the College has received it. | Executive Assistant, FOI Coordinator | |
1.4 | If the request is not clear and additional information is needed, within the thirty-day deadline, ask the requester for additional information to find the record. The time limit will be suspended until the FOI Coordinator receives written notice of the additional information needed to continue with the search or to discontinue the search. | FOI Coordinator | |
2. | Search for Record | ||
2.1 | With sufficient information to locate the record, forward the request to the Records Coordinator for the Area concerned, along with time remaining to comply with the request. | FOI Coordinator | |
2.2 | When an Area receives a request: | Records Coordinator | |
2.3 | Review the request, the information retrieved and the recommendation for the release of the information. |
| President or Vice Presidents |
2.4 | Provide the FOI Coordinator a written approval to release the information along with the information retrieved or a written refusal , along with the reasons within the thirty-day deadline. |
| President or Vice President/Executive Director |
3. | Release of Information |
| |
3.1 | If the search, preparation and photocopying of the records are needed, notify the requester in writing advising of the fee estimate. If the fee estimate is over $100.00, a deposit equal to 50% of the fee estimate will be required before processing the request. Upon completion of the request, inform the requestor of any additional amount outstanding. The records will not be released until payment has been received in full by the College. |
| FOI Coordinator |
3.2 | If access to the records is to be provided, release the information to the requestor within 30 calendar days after a ‘complete request’ has been received by the College. |
| FOI Coordinator |
3.3 | If access to the records is denied, within 30 calendar days after a ‘complete request’ has been received by the College send a letter to the requester indicating the reasons for refusal and his/her right of appeal to the Commissioner for review of the decision. |
| FOI Coordinator |
SUPPORTING DOCUMENTATION
Appendix 1 Selected definitions from FIPPA
Appendix 2 Freedom of Information and Protection of Privacy Act Excerpts
RELATED POLICIES
AA 35 Confidentiality of Student Record
RELATED MATERIALS
Office of the Information and Privacy Commission of Ontario. Procedures Manual