Investigation Reports

Upon completion of our investigation of an access or privacy complaint under FIPPA or PHIA, we provide a report to the complainant and the public body/trustee containing our findings and any recommendations the Ombudsman considers appropriate about the complaint.

In cases where we have made recommendations, the Acts require, as of 2011, that we make our recommendations available to the public and we may do so by publishing them on a website. We are publishing our reports containing recommendations along with our summary of the response to the recommendations by the public body/trustee.

We will soon be publishing selected investigation reports issued by the Ombudsman in cases where recommendations were not made. These reports contain our findings about how specific provisions of the Acts are applied.

The Freedom of Information and Protection of Privacy Act

REPORTS WITH RECOMMENDATIONS AND RESPONSE

About Reports with Recommendations and Response

Case 2011-0443: Manitoba Water Stewardship; failure to respond to application for records related to Fairford Water Control Structure and/or the Assiniboine Diversion, and records related to Lake St. Martin flooding; provisions 9, 11(1); Ombudsman found that that the public body failed to respond within the time limit under FIPPA and had failed in its duty to assist the applicant

Case 2011-0059: Manitoba Conservation; failure to respond to application for reports made to the Environmental Accident Reporting phone service; provisions 9, 11(1); Ombudsman found that that the public body failed to respond within the time limit under FIPPA and had failed in its duty to assist the applicant

Case 2011-0025: Crown Corporations Council; decision that records about the Council’s investigation of the complainant’s matter were excluded from the scope of FIPPA; provision 4(b); Ombudsman found that 4(b) did not apply and that the records were subject FIPPA

Cases 2011-0004 and 2011-0005: Manitoba Conservation; failure to reply to requests for fee waivers relating to requests for records about the applicant’s farm operation; provisions 9, 9(2) of the Access and Privacy Regulation; Ombudsman found that the public body had failed in its duty to assist the applicant

Case 2010-0352: Manitoba Family Services and Consumer Affairs; failure to respond to application for information about holiday gifts to employees; provisions 9, 11(1)(2), 15(1); Ombudsman found that the public body failed to respond within the extended time limit under FIPPA and failed in its duty to assist the applicant

Case 2010-0332: Manitoba Public Insurance; refusal of access to a Special Investigation Unit file about the applicant; provisions 27(1)(a)(b)(c); Ombudsman found that 27(1)(a) applied to one of the records and that we could not determine whether exceptions applied to the remaining records as the records were not made available for review

The Personal Health Information Act

REPORTS WITH RECOMMENDATIONS AND RESPONSE

About Reports with Recommendations and Response

Case 2011-0079: Flin Flon Clinic; failure to destroy personal health information in a secure manner; provisions 17(1), 17(2), 17(3), 25(3) and Regulation 245/97; Ombudsman found that the trustee was not in compliance with PHIA regarding destruction of personal health information