Access and Privacy at UWinnipeg

Responding to a FIPPA Request

This guideline describes the process for responding to a request for access to information made under The Freedom of Information and Protection of Privacy Act (FIPPA). It provides guidance on:

• Roles and Responsibilities for Providing Access to Information
• Receiving an Access Request
• Processing an Access Request
• Responding to an Access Request

Additional procedural guidelines are available to assist University employees in fulfilling their duties under FIPPA.

Roles and Responsibilities for Providing Access to Information

Corporate Secretary and General Counsel or a designate is the Head of the University as regards the administration of FIPPA. Access to information requests are received and processed by the University’s FIPPA Office. Any member of the public, including University staff, faculty, and students, may submit an access request.

University employees are responsible for assisting the FIPPA Office in locating records that may contain information that is responsive to an access request.

Receiving an Access Request

An individual seeking access to information must submit a formal FIPPA request using a prescribed form, unless the individual has a limited ability to read or write English or French or a disability that prevents them from making a request in writing. The form can be downloaded from the Government of Manitoba’s website here. Individuals must provide enough detail about the information they are seeking so that the FIPPA Office can locate potentially responsive records.

Once a FIPPA request has been received, the University must respond within thirty days unless:

• The time limit for responding is extended because:
• The applicant did not provide enough detail to enable the University to locate potentially responsive records;
• A large number of records is requested and responding within thirty days would interfere unreasonably with University operations;
• Time is needed to consult with a third party or another public body;
• A third party makes a complaint regarding access; or
• The request has been transferred to another public body.

Processing an Access Request

Once a request for access is received, the FIPPA Office will contact those University employees who may be in the custody of records that are potentially responsive to the request. If potentially responsive records are located, the FIPPA Office will examine the records to verify that they relate to the original request.  

Although access to information is the default, the University is obligated, or reserves the right, not to release certain information to applicants. These exceptions to access are either mandatory or discretionary and include, but are not limited to, information that would:

• Unreasonably invade the privacy of a third party;
• Affect the business interests of a third party;
• Reveal confidential information within a public body;
• Reveal advice to or confidential deliberations of a public body;
• Affect individual or public safety, or the security of a property or system;
• Affect a law enforcement matter;
• Compromise solicitor-client privilege;
• Affect the financial situation or interests of a public body; or
• Reveal confidential evaluations about an applicant for a job or contract.

If a record contains information that falls under a mandatory or discretionary exception to access, but other parts of the record can be released, the excluded information will be severed from the record and the remainder released.

Responding to an Access Request

Responses to access requests are made in writing. The FIPPA Office will send the applicant a letter that states whether the request has been granted or refused, in part or full. If access is granted in part or full, the letter will also indicate how access will be provided (generally by sending copies of the responsive records). If access is refused in part or full, the letter will state the reasons for the refusal and the specific provision(s) of FIPPA on which the refusal is based. The letter will also inform the applicant that they have sixty days to complain about the refusal to the Manitoba Ombudsman.

Responding to a Request for Correction

Individuals may make a request in writing to have their personal information (PI) corrected if they believe it to be inaccurate or incomplete. The University is not obligated to provide correction but must respond within 30 days. If the request is refused, the University must inform the individual in writing of the refusal. The University must also inform the individual of their right to complain to the Manitoba Ombudsman. If a correction is made, the University is required, where practical, to notify any other person to whom the PI has been disclosed within the year before the request was made that the record has been amended.