Our annual
reports, posted
elsewhere on our
website, include
a cross-section
of case
summaries. This
section of our
website provides
summaries of
some of the most
recent files
concluded by our
office without
an inquiry.
While our office
has the
authority to
resolve disputes
by issuing
orders requiring
compliance with
the Freedom
of Information
and Protection
of Privacy Act
("FIPPA") or
the Personal
Information
Protection Act
("PIPA"),
we first attempt
to reach a
mediated
resolution that
all parties to a
dispute consider
satisfactory.
The majority of
the files
handled by our
office are
resolved in this
way.
Typically, we
open a file
after a member
of the public
requests a
review of a decision by a
public body
(under FIPPA) or
a private
organization
(under PIPA) or
makes a
complaint and
provides all the
documentation
(usually in the
form of
correspondence)
we need to
investigate the
matter. The
intake officer
who processes
the request or
complaint
assigns the file
to a portfolio
officer, who
reviews the
facts and
issues,
determines what
legal provisions
are applicable
and how they
have been
interpreted in
the past in
similar
situations, and
discusses the
matter with the
parties to
pinpoint the
crux of the
dispute and
explore possible
resolutions.
Most of our
mediation work
is done by phone
and email,
although we also
facilitate
meetings between
the parties
where doing so
appears to
provide the
greatest
opportunity for
resolving a
dispute.
The emphasis in
mediation is
always on the
most practical
solution
available within
the law. As in
any other kind
of dispute, the
core of the
problem may lie
in communication
problems, and
our involvement
will then focus
on clarifying
key issues and
identifying
simple remedies
that may, for
one reason or
another, have
been overlooked.
Requests for
review of public
body access to
information
decisions under
FIPPA typically
arise when a
member of the
public has
requested
records from a
public body and
has either been
entirely denied
access to the
records or has
received copies
from which
information has
been severed or
withheld. In
these cases, the
portfolio
officer examines
both copies of
the records (the
unsevered
originals and
the copies sent
to the
applicant) and
checks that the
relevant
sections of
FIPPA have been
appropriately
applied. If we
conclude that
they have not,
we may secure
the release of
further
information.
Other FIPPA
issues that we
commonly deal
with are
complaints about
a public body’s
estimate of the
fee to be
charged for
processing an
access to
information
request, the
adequacy of a
public body’s
search for
records, and
breaches of
statutory
obligations
regarding the
collection, use
or disclosure of
personal
information.
Concerns brought
to our attention
about the
collection, use
or disclosure of
personal
information in
the private
sector are on
the increase as
more people
become aware of
their rights
under PIPA,
which became law
in 2004. In addition to
dealing with
complaints and
requests for
review from
members of the
public, we have
developed tools
to help
organizations
meet their PIPA
obligations such
as developing
and implementing
privacy policies
and building
security
mechanisms to
protect personal
information in
their custody.
Fortunately, our
efforts at
mediation enjoy
a high rate of
success in
producing
results that
parties to
disputes
consider fair
and effective.
Anyone who is unhappy with the
result of
mediation has
the right to
request a formal
inquiry (in the
case of requests
for review) or a
further review
by our office of
the portfolio
officer’s
findings (in the
case of
complaints).
All of our
access to information
orders are
posted on our
website under
“Orders,
Investigations
&
Decisions”, as
are
investigation
reports under
FIPPA and
procedural or
jurisdictional
decisions.
