Introduction
The Access to Information and Protection of Privacy Act (the ATIPP Act) gives you the right to request access to information held by the Yukon government, including information about yourself. The ATIPP Act also gives you the right to request a correction of your personal information.
The department of government (the public body) to which you make your request has to apply the ATIPP Act and make a decision. If you do not agree with this decision, you can ask the Information and Privacy Commissioner (IPC) to review the decision. Following are the questions most frequently asked about the review process.
Do I have to pay to request a review?
No. The service of the IPC is free.
Why would I request a review?
There are a number of reasons why you might decide to request a review of a decision:
- You have been denied access to some or all of the information you requested.
- You do not agree with an extension of the 30-day time period for responding to your access request.
- The public body or the records manager has decided not to waive a part or all of a fee imposed under the ATIPP Act.
- Your request for a correction of your personal information or annotation of a record about you has been denied.
- You believe a public body has not collected, used or disclosed your personal information in compliance with the ATIPP Act.
- Someone else is requesting your personal information, the public body has decided to release the information and you disagree with this decision.
How do I request a review?
To request a review, you must complete a Request for Review form, available at the IPC’s office. You should also attach the following documents to the form where possible:
- A copy of your Request for Access to Records or Request for Correction of Personal Information.
- A copy of the response from the records manager or public body.
- Any other relevant information about your request.
What happens next?
It is important to make your request within 30 days of receiving the decision you would like reviewed. You will receive written confirmation outlining the process the IPC has decided is the most appropriate for your case, as well as the time frame involved.
The IPC authorizes mediation or investigation of some reviews. In other instances, reviews go directly to inquiry. A review must be completed within 90 days, unless the deadline is extended for mediation.
What is mediation?
Mediation is the process by which the IPC tries to help you and the public body to reach a settlement without going to inquiry.
Mediation can succeed in settling some or all of the issues, reduce the number of records in dispute, clarify the issues, and help the parties to better understand the ATIPP Act.
How does mediation work?
Successful mediation requires the commitment of all parties. The role of the mediator is to help build this commitment and to facilitate discussion toward settlement.
The mediator needs all relevant information you have which relates to the review as well as an understanding of the precise type of information you have requested.
What if mediation is unsuccessful?
When mediation is not successful, all the parties and the IPC receive a fact report, which summarizes what has happened on your file and identifies the issues that have not been resolved.
The IPC proceeds to conduct an inquiry by preparing a Notice of Inquiry for all the parties. The parties include you, the public body and anyone else who has an interest in the review. In the Notice of Inquiry, the IPC sets out the issues that need to be resolved in order to dispose of the review. The Notice also sets out important dates and deadlines.
What kind of inquiry is held?
Most inquiries are conducted in writing. Generally, all parties are given an opportunity to submit written representations on the issues stated in the Notice of Inquiry. This is your opportunity to let the IPC know why you disagree with the public body’s decision. The more specific your representation, the more helpful it is to the IPC.
Are the representations shared?
Each party’s representation is shared with the other parties, unless there is an overriding confidentiality concern. If you have such concerns, you must indicate which portions of your representation you wish to be withheld from the other parties and explain the reasons for your concern.
How is the inquiry completed?
Once the IPC has considered all representations and reviewed the records, he decides how each issue should be resolved. His decision is given in a Report after Review in which he sets out his findings, recommendations and the reasons for them.
What happens to the recommendations?
Within 30 days of receipt of the Report After Review, the public body must notify the parties and the IPC whether the recommendations in the report are being followed.
If the public body rejects the recommendation of the IPC to grant access to all or part of a record, you may appeal to the Yukon Supreme Court. You may also appeal to the Yukon Supreme Court if you do not agree with the IPC’s finding that the public body is required or authorized to refuse access to a record.
Third parties whose personal information is being released may also appeal that decision. All appeals must be made within 30 days of receiving the decision.
What else does the IPC do?
In addition to conducting reviews, the IPC is responsible for monitoring how the ATIPP Act is administered. This may be done through a variety of ways:
- Informing the public about the ATIPP Act.
- Receiving complaints and comments from the public about the administration of the ATIPP Act, conducting investigations into these complaints and reporting on the investigation.
- Commenting on the implications for access or privacy of existing or proposed legislation or programs.
- Authorizing the collection of personal information from sources other than the individual the information is about.
- Reporting to a Minister about any instance of maladministration by a public body in the management or safekeeping of a record.