BackManitoba Ombudsman has posted 17 new investigation reports under The Freedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act on its website.
“This group of reports reflects our interpretation of various provisions of FIPPA and PHIA, and should be helpful to users of FIPPA and PHIA, and to public bodies applying these laws,” said Acting Manitoba Ombudsman Mel Holley. “Understanding the provisions of the acts and how they are applied in practical terms can help everyone involved and make the entire process work more smoothly.”
FIPPA privacy – Three of these six reports involve situations where a privacy issue arose when people were seeking service or assistance. The other three involve situations where requests for access to information by one person required a decision about the impact on the privacy of another person.
PHIA Privacy – Sometimes privacy breaches can be hard to contain or fix, particularly when there is more than one public body involved. There are also cases where the right of one party to a fair hearing can trump the right of another party to privacy, particularly in hearing situations where a tribunal has to ensure fairness.
Solicitor-client privilege – Under FIPPA, a discretionary exception to disclosure includes information that is subject to solicitor-client privilege (the communications between a legal advisor and client). This is an evolving issue in Canadian access and privacy law, reflecting an apparent increase in the involvement of lawyers in decision making processes. The first of the three cases below contains a detailed discussion of the solicitor-client privilege in an access and privacy context.
Duty to assist – Under FIPPA, section 9 sets out a public body’s duty to assist an applicant. The two reports released today reflect very different levels of success in meeting that duty.
PHIA Access – Both PHIA access cases relate to patient records and chargeable fees.
For further reading, you can access the cases in detail.
Sources: Manitoba Ombudsman, Canada
