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May 1, 2008 PROPOSED LEGISLATION WOULD UPDATE FREEDOM OF INFORMATION AND PRIVACY PROTECTION ACT– – –New Adjudicator Would Resolve Access, Privacy Issues: Robinson Proposed legislation would maintain open and transparent government, protect the individual privacy of Manitobans and create the role of an adjudicator to resolve access and privacy issues, Culture, Heritage, Tourism and Sport Minister Eric Robinson announced today.
“Our proposed improvements reflect the input of Manitobans and strike the right balance between accessing information held by government and other public organizations, and protecting the private information of individuals,” said Robinson. “I’m pleased to establish an independent adjudicator for those few situations where the ombudsman is unable to resolve disputes.”
The adjudicator would have the power to issue a binding order to government or another public sector body such as a municipality, school division or regional health authority. The ombudsman would be able to ask the adjudicator to review files that cannot be settled informally and hold a hearing. The adjudicator would be able to uphold the decision made by the public body or issue a binding order to:
· release requested information to the applicant;
· reduce fees for the applicant;
· make a correction to the personal information of an applicant;
· change or stop the way personal information is collected, used or disclosed by government or another public body; and
· destroy personal information the public body has improperly collected.
Other proposed legislative changes would include:
· reducing to 20 years from 30 years the amount of time cabinet documents and advice provided to public sector bodies are protected,
· providing the same protection for information received from First Nations’ authorities as for information received from other governments,
· providing a mechanism for public bodies to disregard requests considered an abuse of process and for the ombudsman to disregard complaints considered an abuse of process,
· enabling public sector organizations to share personal information to deliver more integrated services across government, and
· allowing universities to disclose alumni contact information for fundraising purposes.
The minister noted the proposed amendments would also enshrine in law practices the provincial government has already adopted including:
· requiring the disclosure of ministerial expenses on a regular basis, and
· providing for the release of opinion polls paid for by a public organization.
In 2000, the provincial government received 407 applications for access. In 2006, the number jumped to 2,458 requests. During this period, government departments and agencies responded to 76 per cent of requests within 30 days and 85 per cent of applicants were satisfied with the information provided. Of the complaints that were made, more than 90 per cent were resolved informally by the ombudsman.
In 2000, the legislation was extended beyond the provincial government to more than 370 public sector organizations such as municipalities, colleges, universities, school divisions, regional health authorities and northern community councils. A public consultation process was held in 2003-04 to help shape the proposed legislation.
FIPPA is companion legislation to the Personal health Information Act (PHIA) which sets out access and privacy rights for personal health information.
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