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Access to information and privacy

The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) provides an individual with the right to access information under the custody and control of an institution, including one's own personal information (Section I - MFIPPA). There are certain limitations that may exclude records from being accessible: the records may be exempt, confidentiality provisions may apply or the request may be considered frivolous or vexatious.

Individuals wishing to access the Windsor-Essex County Health Unit (WECHU) records should begin by contacting the Privacy Officer at privacy@wechu.org in order to determine if the request should be submitted formally under the Act or if the information will be provided under business as usual.

It is important to note that the rules governing access and privacy under MFIPPA apply to both formal and informal requests for information.

Routine Disclosure and Active Dissemination Plans

One of the key principles of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) is that “information should be available to the public”. In an effort to engage citizens and demonstrate accountability and transparency, the Windsor-Essex County Health Unit (WECHU) proactively provides the public with access to the information that matters most to them.

The practice of Routine Disclosure and Active Dissemination is a cost-effective and client-friendly way of providing information to the public. The overarching principle in this Policy is to advance the view that information held by the WECHU should be made available to the public, and any exceptions to this principle should be limited and specific.

Examples of the types of information the WECHU provides the public are:

Access and correction form

Submit a request though the MFIPPA Access/Correction Form.

Fees

See a list of fees for information requests.

Appeals

The Municipal Freedom of Information and Protection of Privacy Act allows individuals to appeal decisions about access to records made by municipal institutions and local boards. You can appeal any decision made by the head of an institution. The appeal must be filed within thirty (30) calendar days after the notice of the decision is given by the municipality or local board for any of the following reasons:

  • A decision to extend the time limit for responding to a request
  • A refusal to grant access to a record on the grounds that the record does not exist
  • A refusal to grant access to a record on the grounds that the record is exempt from disclosure
  • Granting access to only part of a record
  • A refusal to confirm or deny the existence of a record that deals with law enforcement or would, if disclosed, be an unjustified invasion of personal privacy
  • Granting a request for access to a record or part that may contain information where the disclosure may be an unjustified invasion of personal privacy
  • A deemed refusal to grant access to records
  • A refusal to make a correction to personal information
  • The amount of a fee charged
  • A refusal to waive a fee or a refusal to allow the requester to examine the original record

The written notice of appeal should be directed to:

Information and Privacy Commissioner/Ontario
2 Bloor Street East, Suite 1400
Toronto, Ontario
M4W 1A8

In the event that a requester wishes to launch an appeal, the Information and Privacy Commissioner's Office must be provided with a copy of the request, the file number, a copy of the municipality's or board’s decision letter and the appeal fee. There is a $25 appeal fee for general information requests and a $10.00 appeal fee for personal information requests. All fees should be in the form of either a cheque or a money order made payable to the Minister of Finance.

Frequently asked questions

What are the principles or intent of the Municipal Freedom of Information and Protection of Privacy Act?

There are five basic principles of this legislation aimed to provide an individual with an appropriate balance between access to government information and protection of the individual’s personal information. These principles are:

  • You, the “public”, have a right of access to records held by the Windsor-Essex County Health Unit (WECHU).
  • The WECHU must protect your personal privacy and follow rules and guidelines in collecting, using and disclosing, to others, your personal information
  • It is your right to see your personal information held by the WECHU about yourself
  • You have the right to request corrections to your personal information that is held by the WECHU. However, opinion’s cannot be changed or removed
  • You have the right to an independent review of decisions made by the WECHU. This independent review is conducted by the Information and Privacy Commissioner of Ontario’s office.

Do I have to make a MFIPPA request to obtain information from the WECHU?

No. The WECHU routinely releases information without a formal MFIPPA request provided the information:

  • Is not subject to exemption from disclosure
  • Is for a reasonable number of records
  • Does not contains personal information about other individuals

What is personal information?

Personal information is recorded information on an identifiable individual including, but not limited to:

  • The individual’s name, home address or home telephone number
  • The individual’s race, national or ethnic origin, colour or religious or political beliefs or associations
  • The individual’s age, sex, marital status or family status
  • Information about the individual’s health and health care history, including information about a physical or mental disability
  • Information about the individual’s educational, financial, employment or criminal history, including criminal records where a pardon has been given
  • Anyone else’s opinions about the individual
  • The individual’s personal views or opinions, except if they are about someone else.

If I make a MFIPPA request, will I get all of the information I requested?

You will receive all information that is releasable under MFIPPA. Some information may not be released if an exception to release exists in the Act. When an exemption to disclosure exists, you will be informed under which section of the Act the information is exempt.

There are two types of exemptions;

  • Mandatory which, if applicable, the WECHU cannot release information related to these exemptions without violating the Act
  • Discretionary exemptions to which the WECHU may apply its discretion to the information when deciding whether or not to release

Is there a cost to make a formal MFIPPA request?

When submitting a request you must pay an initial application fee of $5.00. A request requiring this fee will not be processed until the fee is received. The fee may be received in the form of credit card, cash, money order or certified cheque made out to the “The Windsor Essex County Health Unit” or “WECHU”.

Are there additional fees charged after the initial fee?

A personal request will have a fee assessed for photocopies if the cost of the copies requested exceeds $5.00. The charge for photocopies is $0.20 per page. Computer Programming fees are $15.00 per ¼ hour to develop a program to retrieve information. Electronic medium e.g. USB’s are $10.00 each.

For other requests, fees are charged as follows:

  • Search Time: $7.50 per ¼ hour required to search and retrieve the records
  • Record Preparation: $7.50 per ¼ hour required to prepare records for release
  • Photocopying: $0.20 per page
  • Computer Programming: $15.00 per ¼ hour to develop program to retrieve information
  • Disks/CD: $10.00 for each

You will be given an estimated fee if anticipated fees are $25.00 or more. If the estimate of fees to be paid is $100.00 or more, you will be required to pay a 50% deposit. Please note that the fee charges are prescribed by Section 45 of the MFIPPA and section 6 of the Regulations and Guidelines for Municipalities and Local Boards. All monies are payable by credit card, cash, money order or certified cheque.


What if I don’t enclose the $5 initial application fee required for submitting an MFIPPA request?

Your request will be opened, but processing will not begin until the initial fee has been received by the Finance Department. The Privacy Officer will inform you in writing that the request is on hold and awaiting the fee.


Do I have to give the WECHU my personal information?

To obtain services from the WECHU, you may have to provide your personal information to the WECHU. However, the WECHU can collect only the personal information that is needed to provide the service


Does the WECHU have to tell me for what purpose they will use my personal information?

Yes.

When personal information is collected from an individual, notice should be given about what use is made of their personal information, the authority for collecting this information and the name and contact information of the employee who can answer additional questions a person may have on this collection. Also, the information is to be collected directly from the individual in most circumstances but there are a few exceptions to this in the Act.


What can I do if the WECHU breaches my privacy?

If you feel that the WECHU has breached your privacy, you have the right to request an investigation into the matter by the WECHU Privacy Officer and, if not satisfied with the result of the investigation, you may request the Information and Privacy Commissioner of Ontario to investigate the potential breach.


What is meant by the “duty to assist”?

Employees of the WECHU, including the Privacy Officer, must make every “reasonable” effort to help applicants and to respond to each applicant openly, accurately and completely subject to the restrictions and exemptions of MFIPPA.


What is clarification of request?

If it is unclear what records are being required, the Privacy Officer will contact the applicant for more details on the information being requested as a part of “duty to assist”. This clarification enables more accurate and complete processing of a request.


Do I have to tell the WECHU why I want the information?

No.

However, under certain circumstances, it may be helpful to provide the reason, as it would enable the WECHU to process your request more efficiently.


What is the role of the Information and Privacy Commissioner of Ontario?

Ontario’s Information and Privacy Commissioner, who is appointed by the Provincial Legislature, oversees all aspects of the Municipal Freedom of Information and Protection of Privacy Act for all public bodies affected by the Act including the WECHU. The Office of the Commissioner is the independent body that reviews the application of the legislation including:

  • Conducting reviews of decisions made by the WECHU under MFIPPA, at the request of an applicant or affected third party;
  • Conducting investigations into complaints regarding privacy breaches, to ensure compliance with provisions of MFIPPA and compliance with rules relating to the destruction of records;
  • Making Orders as a result of investigations, reviews and inquiries; and
  • Informing the public about the Act.

How to Make a MFIPPA Request

How to complete a MFIPPA request using the Municipal Freedom of Information & Protection of Privacy Access form provided by the WECHU:

  • Enter your name, address and phone number;
  • Indicate if you are requesting general or personal information;
  • enclose initial fee of $5.00
  • indicate if you would like to examine the records or receive a copy of the records
  • Give as much detail as possible, describe the records you would like to access, the business unit (department) of the WECHU that you believe holds the records and include the time period for the records.
  • Please date and send your request to the Privacy Officer with fees

You may also submit your request in a letter provided it is in writing, stating that you are requesting the information under the Municipal Freedom of Information and Protection of Privacy Act.

Please mail your request to:

Windsor-Essex County Health Unit
Privacy Officer
1005 Ouellette Ave
Windsor, ON N9a 4J8

Or email to:
privacy@wechu.org

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Last modified: 
Sunday, August 2, 2020 - 10:28am