The provincial government of Manitoba recently made changes to its privacy and information act, creating a new privacy and information adjudicator and improving information access.
On Dec. 23, Culture, Heritage, and Tourism Minister Flor Marcelino appointed Ron Perozzo, the provincial conflict of interest commissioner and registrar for the Lobbyists Registration Act in Manitoba, as the new privacy and information adjudicator.
Marcelino explained in a press release issued by the province that the new position would strengthen the system that provides Manitobans with access to information, while protecting their privacy.
“We are acting on what Manitobans advised us to do in establishing a commission and updating our regulations,” said Marcelino.
The new position stemmed from amendments made to the Freedom of Information and Protection of Privacy Act (FIPPA). FIPPA is the legislation that governs the access of information and privacy, with the provincial ombudsman investigating complaints of violations of FIPPA.
If the ombudsman could not resolve a case, it would be referred to the privacy and information adjudicator. The current ombudsman for Manitoba is Irene Hamilton. The existing ombudsman model has worked successfully to resolve 95 per cent of all access and privacy cases, but has sometimes found that difficult cases require an independent review of an adjudicator if the parties can’t meet a resolution, Marcelino explained.
Gale Perry, senior legislative and policy analyst at Ombudsman Manitoba, explained that prior to the amendments to FIPPA there had only been two situations where after the ombudsman’s involvement, an appeal to a court could be made.
Perry explained that it is unusual for the ombudsman to need to make a formal recommendation relating to a complaint investigation, because public bodies or trustees comply with FIPPA.
In the case of non-compliance, the ombudsman’s office is able to informally resolve complaints with public bodies and trustees.
“However, in those unusual situations where a public body or trustee does not follow a recommendation of the ombudsman, she will now be able to refer matters to the privacy and information adjudicator for his review and decision,” explained Perry.
When a case reaches the privacy and information adjudicator, he has the authority to make various orders such as the release of information, supporting a public body or trustee’s access decision, or requiring the public body or trustee to perform a duty imposed by FIPPA.
The Court of Queen’s Bench can review the order made by the adjudicator.
Perry pointed out that a FIPPA amendment of particular interest to university students is that alumni personal information could be disclosed for fundraising activities, if the university and persons receiving this information enter into a written agreement that complies with FIPPA.
The personal information disclosed has to be reasonably necessary for the fundraising activities, Perry explained.
Perry explained that individuals who have their information released for fundraising have rights under FIPPA that allow them to request that their personal information no longer be disclosed. They can also request access to their personal information that was disclosed and request that the person to whom their information was disclosed no longer use it.
Another FIPPA amendment is that the Manitoba government will release a public summary of cabinet ministers’ total annual expenses paid by their department. All amendments to FIPPA are effective Jan. 1.
