Access and privacy legislation is based on two fundamental rights of people in a democratic society:

• the right to access information held by government and other public bodies, including information about oneself, subject only to certain specified exceptions; and,
  
  
• the right to privacy for personal information collected, stored, used and disclosed by public bodies.

The access right is based on the principles of openness and accountability of governments and other public institutions to people. The exceptions to access derive from recognition that certain types of decision making and transactions must be conducted in confidence.

The right to privacy for personal information is based on internationally acknowledged and nationally sanctioned principles of fair information practices. According to these principles, an organization is obligated to:

• identify the reason for collecting, using and disclosing personal information;
  
  
• obtain consent before collecting, using and disclosing personal information;
  
  
• collect the minimum amount of information needed to accomplish its purpose;
  
  
• use and disclose personal information only for the same reasons it was collected (unless consent is obtained);
  
  
• ensure the accuracy of personal information;
  
  
• provide individuals with access to their own information and allow them to make corrections if needed;
  
  
• keep personal information only for as long as it is needed;
  
  
• ensure the security of personal information; and
  
  
• provide a complaint process and an independent review process.

 

In 1985, the Manitoba Legislature passed one of the earliest Freedom of Information Acts in Canada. It was proclaimed in September 1988 once records management systems of the provincial government had been brought to an adequate level of control and description to meet the requirements of the Act, including the publication of a guide to government records and information.

The Freedom of Information Act (FOIA) did not establish personal information privacy as a legal right, but treated it in a limited fashion as an exception to access. The importance of extending a legal right of personal information privacy to Manitobans led to the passage of The Personal Health Information Act (PHIA) and The Freedom of Information and Protection of Privacy Act (FIPPA) in June 1997. These Acts were proclaimed on December 11, 1997 and May 4, 1998, respectively. Both Acts are based on the principles of fair information practices. As noted in the Ombudsman's 1997 Annual Report on the FOIA, these access and privacy Acts reflect recognition of the growing and serious public concern for personal information privacy.

FIPPA provides a legal right of access to records held by Manitoba public bodies and also provides for the protection of personal information collected, stored, used and disclosed by public bodies. Its access provisions are substantially similar to those of FOIA. The privacy provisions of FIPPA are entirely new to Manitoba. Additionally, the scope of FIPPA was extended significantly beyond that of FOIA, which had applied only to the provincial government and its agencies, to encompass local public bodies such as municipal governments, universities and school divisions, and regional health authorities, including hospitals and personal care homes.

PHIA, which provides a legal right of access to one's own personal health information and the protection of personal health information, was the first such statute in North America and is internationally recognized as pathfinding legislation. The scope of PHIA includes not only public bodies as defined under FIPPA, but also a very large and uncounted jurisdiction of personal health information trustees in the private or quasi-private sector: health professionals (doctors, nurses, therapists and others designated in the regulations), health care facilities (laboratories, private personal care homes, medical clinics, community health centres and other designated facilities) and health services agencies (Victorian Order of Nurses, We Care and designated agencies).

 

To ensure that access and privacy rights are respected, this form of legislation provides an avenue of independent review and redress. In Manitoba, the Ombudsman has the mandate to investigate complaints and review compliance with the access to information and protection of privacy rights under FIPPA and PHIA.

The Ombudsman is an independent Officer of the Manitoba Legislature with broad investigative powers. In addition to responsibilities for the investigation of complaints, the Ombudsman now has duties to investigate, audit and monitor to ensure compliance with these Acts.

The Ombudsman has a duty to inform the public about the Acts and to receive comments about access and privacy issues. In addition to submitting an annual report to the Legislature, the Ombudsman may issue special reports related to any matter respecting these Acts, including any particular matter investigated by the Ombudsman.