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Access and Privacy Division

 

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Practice notes are prepared by Manitoba Ombudsman to assist persons using the legislation. They are intended as advice only and are not a substitute for the legislation.

Practice notes are sorted into categories under the following headings:


ACCESS ISSUES

Duty to Assist

The Duty to Assist under FIPPA and PHIA, revised August 2010

Legislative Amendments

Overview of FIPPA Amendments, January 2011

Overview of PHIA Amendments, revised January 2011

Interaction with Other Acts

Interaction Between FIPPA and Other Acts, revised January 2011

Distinguishing Between Access to Information Requests and Authorized Disclosures under FIPPA and PHIA

Distinguishing Between Access to Information Requests and Authorized Disclosures under FIPPA and PHIA, September 2010

Distinguishing Between Personal and Business Information Under FIPPA

Distinguishing Between Personal Information and Business Information under FIPPA, revised January 2011

Documenting Access Decisions

Documenting Access Decisions under The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act, revised January 2011

Fees

Preparing Fee Estimates under The Freedom of Information and Protection of Privacy Act, October 2006

Dealing with Fee Waivers under The Freedom of Information and Protection of Privacy Act, October 2006

Extensions

Extending the Time Limit for Responding under The Freedom of Information and Protection of Privacy Act, October 2007

Making a Submission to the Ombudsman for an Extension Longer than 30 Days under The Freedom of Information and Protection of Privacy Act, December 2006

Notification Under Section 33 of FIPPA

Providing Notice To a Third Party under Section 33 of FIPPA, revised January 2011

Refusal of Access Considerations

Dealing With Access Requests Involving Employee Information, revised January 2011

Considerations for Applying Exceptions when Refusing Access under The Freedom of Information and Protection of Privacy Act, revised January 2011

Considerations for Applying Exceptions when Refusing Access under The Personal Health Information Act, revised January 2011

The Exercise of Discretion When Applying Discretionary Exceptions to Refuse Access under FIPPA, revised January 2011

Distinguishing Between Personal Information and Business Information under FIPPA, revised January 2011

Severing Information in Records Under FIPPA and PHIA, revised January 2011

Complete Responses to Access Requests

Checklist-Contents of a Complete Response under section 12 of The Freedom of Information and Protection of Privacy Act, August 2006

Providing Reasons to an Applicant when Refusing Access under The Freedom of Information and Protection of Privacy Act, May 2006

Checklist-Contents of a Complete Response under The Personal Health Information Act, August 2006

Providing Reasons to an Individual when Refusing Access under The Personal Health Information Act, August 2006

Requests for Correction

Handling Requests for Correction under FIPPA, July 2007

Handling Requests for Correction under PHIA, July 2007


PRIVACY ISSUES

Legislative Amendments

Overview of FIPPA Amendments, January 2011

Overview of PHIA Amendments, revised January 2011

Interaction with Other Acts

Interaction Between FIPPA and Other Acts, revised January 2011

Distinguishing Between Access to Information Requests and Authorized Disclosures under FIPPA and PHIA

Distinguishing Between Access to Information Requests and Authorized Disclosures under FIPPA and PHIA, September 2010

Distinguishing Between Personal and Business Information Under FIPPA

Distinguishing Between Personal Information and Business Information under FIPPA, revised January 2011

Collection and Notice

Collection and Providing Notice of Collection of Personal Information under FIPPA, revised January 2012

Collection and Providing Notice of Collection of Personal Health Information under PHIA, revised August 2010

Use

Use under The Personal Health Information Act, revised August 2010

Use under The Freedom of Information and Protection of Privacy Act, revised August 2010

Disclosure

Disclosure under PHIA, August 2010

Disclosure under FIPPA August 2010

Protecting Personal and Personal Health Information

Protecting Personal and Personal Health Information When Working Outside the Office, April 2007

Protecting the Privacy of Access Requesters, May 2007

Privacy Considerations for Faxing Personal and Personal Health Information, February 2008

Privacy Considerations for Emailing Personal and Personal Health Information, February 2008

What To Do When A Privacy Breach Occurs

Key Steps in Responding to a Privacy Breach under The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act, March 2007

Reporting a Privacy Breach to Manitoba Ombudsman, March 2007


RESPONDING TO COMPLAINTS TO THE OMBUDSMAN

Access Complaints

Responding to a Complaint about a Failure to Respond to an Access Request under The Freedom of Information and Protection of Privacy Act, December 2006

Responding to a Complaint about a Failure to Respond to an Access Request under The Personal Health Information Act, December 2006

Responding to a Complaint about the Transfer of an Access Request under The Freedom of Information and Protection of Privacy Act, December 2006

Responding to a Complaint about the Transfer of an Access Request under The Personal Health Information Act, December 2006

Responding to a Complaint about a Fee Estimate under The Freedom of Information and Protection of Privacy Act, December 2006

Responding to a Complaint about a Refusal to Grant a Fee Waiver under The Freedom of Information and Protection of Privacy Act, December 2006

Responding to a Complaint about Fees under The Personal Health Information Act, December 2006

Responding to a Complaint about an Extension of the Time Limit for Responding under The Freedom of Information and Protection of Privacy Act, December 2006

Responding to a Complaint about a Refusal of Access under The Freedom of Information and Protection of Privacy Act, December 2006

Changing the Basis for a Decision to Refuse Access, June 2007

Making Effective Written Representations in Responding to Complaints about Refused Access under FIPPA, June 2009

Responding to a Complaint about a Refusal of Access under The Personal Health Information Act, December 2006

Responding to a Complaint about a Refusal to Correct Personal Information under The Freedom of Information and Protection of Privacy Act, December 2006

Responding to a Complaint about a Refusal to Correct Personal Health Information under The Personal Health Information Act, December 2006

Privacy Complaints

Responding to a Complaint about Collection of Personal Information under The Freedom of Information and Protection of Privacy Act, January 2007

Responding to a Complaint about Collection of Personal Health Information under The Personal Health Information Act, January 2007

Responding to a Complaint about Use of Personal Information under The Freedom of Information and Protection of Privacy Act, January 2007

Responding to a Complaint about Use of Personal Health Information under The Personal Health Information Act, January 2007

Responding to a Complaint about Disclosure of Personal Information under The Freedom of Information and Protection of Privacy Act, January 2007

Responding to a Complaint about Disclosure of Personal Health Information under The Personal Health Information Act, January 2007

Responding to a Complaint about Security of Personal Health Information under The Personal Health Information Act, January 2007

Recommendations

Responding to Recommendations made by the Ombudsman under The Freedom of Information and Protection of Privacy Act, revised January 2011

Responding to Recommendations made by the Ombudsman under The Personal Health Information Act, revised January 2011