The University of Winnipeg
FIPPA and PHIA at The University of Winnipeg
FAQs
General Questions
Access Requests
Records Collection, Use and Disclosure
Faculty Records
General Questions
What is the Purpose of FIPPA?
The Freedom of Information and Protection of Privacy Act ensures that public bodies make their records and information accessible to the public, while at the same time protecting the privacy of individuals whose personal information is contained within those records.
What is the purpose of PHIA?
The Personal Health Information Act addresses the specific and sensitive issues surrounding personal health information. Its purpose is to provide individuals a right to access and request corrections to their personal health information.
What is UW’s role concerning FIPPA and PHIA?
The University of Winnipeg, like all Manitoba Universities, is a public body under FIPPA and PHIA legislation. Our role is to ensure that personal information – either health or non-health related – is collected, used, stored in a manner that ensures that records can be retrieved and reviewed efficiently, and that personal information is secure.
What does the FIPPA Coordinator do?
The FIPPA Coordinator is the first point of contact for access requests under FIPPA and PHIA, and is also responsible for providing advice on campus about access and privacy issues.
What is personal information?
The following list provides a general overview of what constitutes personal information under FIPPA:
- home address, telephone, facsimile or email
- age, sex, sexual orientation, marital or family status
- ancestry, race, colour, nationality or ethnic origin
- religion or creed, belief system, association or activity
- political belief, association or activity
- personal health information (see separate definition)
- blood type, fingerprints or hereditary characteristics
- education, employment or occupation or history
- financial information or activities
- criminal history
What is personal health information?
Under PHIA, personal health information is defined as recorded information about an identifiable individual related to that individual’s health or health care history, health care the individual has received or payment for health care.
Access Requests
Can anyone make a request to see university records?
The short answer is yes. It is an individual’s right to request records created by the university; however, the legislation contains exceptions that allow for the privacy of third parties and for certain types of information to be protected.
University records include paper files, e-mails, databases, photographs, maps, plans, drawings in digital or physical formats created, received or stored for the purpose of conducting the business of the University.
Can people ask to see my e-mails?
Yes. E-mail is one of the ways university employees conduct the business of the university, therefore e-mails are university records. For this reason, it is very important to ensure that e-mail is organized in a manner that ensures access and transparency.
For more information on using e-mail, the Archives & Records Centre has prepared an E-mail Management Guideline.
Can a parent or guardian request access to a student’s personal information?
Information about a student’s registration, grades or other student activities cannot be accessed by a parent or guardian unless the student has provided consent in writing. Click here for a copy of the Consent Form for Registration.
Can UW employees or students request information about themselves?
Yes, employees and students can request to see their personal information, however there may be cases in which other exceptions within the legislation may affect access to a record.
Are original records provided to applicants under FIPPA or PHIA?
When the university grants access to records under FIPPA, reproductions are provided in the form of photocopies or, in some cases, electronic files; delivery format depends on the volume of the records, the applicant’s access needs, and nature of the request.
Records Collection, Use and Disclosure
How can I ensure that the personal information of staff, faculty and students is protected?
All employees who keep records containing personal information should ensure that records are stored in a secure physical or electronic environment and that there are adequate controls over access to records. It is always advisable to have policies and procedures in place within your office that clearly define responsibilities and levels of access to records.
How can I ensure that personal information is being collected according to FIPPA and PHIA?
It is always advisable in any situation where personal information is collected to include a written statement (in the case of written forms) or a verbal statement (in the case of verbal exchanges) outlining the exact purpose for which information is being collected. It is always safest to collect personal information in a recorded format along with a signature consenting to the collection for the purpose stated on the form.
What do I do if I believe there has been a breach of FIPPA or PHIA?
If you believe that personal information has been unlawfully collected, used or disclosed on campus, or have questions about how FIPPA and PHIA apply to a particular situation, please contact the University Archivist & FIPPA Coordinator.
Faculty Records
Can my course materials or research be requested under FIPPA?
No they cannot. Proprietary materials such as teaching materials and academic research materials are not included under FIPPA.
Can someone request access to test or exam questions?
Questions intended for use on a test or an exam cannot be requested under FIPPA.
What can I do to ensure the privacy of my students?
Faculty are often in the possession of personal information about students, whether that be in the form of coursework evaluations, grades, or correspondence about courses or course work that may include health information. Records containing personal information should remain locked and electronic records on a secure server. E-mail correspondence with students about their coursework should remain confidential. Use university e-mail to correspond with students whenever possible.
For more information, contact the University FIPPA and Records Officer, Dan Elves, at 204.988.7538 or da.elves@uwinnipeg.ca
