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Welcome to the Freedom of Information and Protection
of Privacy (FOIPP) page.
Below are some of the most
frequently asked questions about Freedom of
Information and Protection of Privacy.
Questions and Answers
1.
What is the purpose of the Act?
The Freedom of Information and Protection of
Privacy Act has two purposes:
* To make government, Crown Corporations, Scholl
Boards more open and accountable.
* To insure that the personal information held
is protected.
2.
What will it cover?
The Act covers the records of all departments,
agencies, boards, commission and crown corporations
of the provincial government, referred to as
public bodies.
3.
What is a record?
A records is "a record of information in
any form and includes: books, documents, maps,
drawings, photographs, letters, vouchers, notes,
images, audiovisual recordings, x-rays and papers
and any other information that is written, photographed,
recorded or stored in any manner".
The Act applies to records of government, past,
present and future. However, does not include
software or any mechanisms that produce records.
4.
Which records does the Act not apply to?
The Act excludes specific types of records.
This means they cannot be accessed. Some of
these records are not covered under the Act
because they can already be accessed by the
public.
5.
What is meant by "Freedom of Information?"
Freedom of Information gives people the right
to request access to the records of government.
A request does not guarantee access - each application
is reviewed to make sure the release of the
information is in compliance with the Act. Some
information is exempt from release. Each case
is reviewed to determine if the information
can be released in whole, in part or not at
all.
The Freedom of Information provision also gives
people the right to view information the government
holds about them and to request corrections
of that information, if warranted.
6.
Who decides whether information will be released?
Public Bodies have assigned Freedom of Information
and Protection of Privacy co-ordinators. After
receiving a FOIPP request, the coordinator is
responsible for retrieving and analyzing the
records. Working with the head of the public
body, the coordinator will apply mandatory and
discretionary exemptions. When the document
is released, part of the information may be
severed because it cannot be disclosed under
law.
The final decision about what information will
be released rests with the head of the public
body as defined under the Act.
7.
What about Protection of Privacy?
The Act provides guidelines for the use of personal
information by government. There are several
important provisions:
* Public bodies can collect and use personal
information only for purposes authorized under
an Act; for law enforcement purposes or for
operating programs or activities.
* The Act requires that people be informed about
the authorization for collecting information
and how that information will be used at the
time the information is collected.
* Generally, the Act states that information
must be collected directly from the individual
to whom it relates.
* The Act allows the use of information for
a consistent purpose - that is, consistent with
the purpose for which it was originally collected.
* An individual may be asked to give consent
for their information to be used for other purposes.
8.
Does this change how information is released
now?
No. All bodies should continue with their regular
practices of releasing information; unless prohibited
under the Act.
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