Yukon Ombudsman Yukon Information and Privacy Commissioner Yukon Public Interest Disclosure Commissioner

Yukon Information and Privacy Commissioner

Right of Access

In Yukon your right to access information is governed by two laws.

Access to Information and Protection of Privacy Act (ATIPP) gives the public a right to access to any records held by a public body and the right to individuals to access their own personal information.  There are limited and specific exceptions to these rights.

Public bodies include departments of the Yukon Government, Yukon Housing Corp., Yukon Lottery Corp., Yukon Liquor Corp., Yukon College, Workers Compensation Health and Safety Board, Yukon Hospital Corp., First Nation service authority, Child and Youth Advocate, and some boards, commissions and foundations established as an agent of government.

Health Information Privacy and Management Act (HIPMA) gives an individual a right to access to their own personal health information held by custodians subject to certain limited exceptions.

Custodians include operators of health care facilities and hospitals, the Yukon Government Department of Health and Social Services, the Many Rivers Counselling and Support Services, the Child Development Centre, and most health care providers such as physicians, chiropractors, dentists and related professionals, optometrists, physiotherapists, psychologists, pharmacists, nurses, occupational therapists, midwives, naturopaths and speech pathologists.

Both ATIPP and HIPMA set out rules that public bodies and custodians must follow when an individual makes a request for access to information.  

                                     


Access to Information and Protection of Privacy Act (ATIPP)


Can I access my personal information or other information in records held by public bodies?

Under the Access to Information and Protection of Privacy Act (ATIPP) the public has a right to access any records held by a public body subject to certain exceptions.  Individuals also have the right to access their own personal information.  To make a request for access to your personal or other information held by a public body contact the Records Manager, who is located at the ATIPP Office in the Government of Yukon, at  867-393-7048  or visit  www.atipp.gov.yk.ca to make your request for records.

Records may be available without having to submit a formal access request.  Contact the public body that has the records you are interested in to find out if you can access these records directly from them. 

Who is the Records Manager?

The Records Manager is a person under the ATIPP who is responsible for receiving, managing and responding to requests for access to records or information held by any public body.  The Records Manager has a duty to assist the public in making requests for access to information.  The Records Manager does not decide what records or information a person will receive in response to a request. That responsibility is up to the public body from whom you requested the records.  The Records Manager incorporates the public body’s response related to these records in the response s/he provides to the applicant. 

What if I am not satisfied with the Records Manager’s response to my request for access to records?

The Information and Privacy Commissioner (IPC) can review the actions taken or omitted, or decisions made by the Records Manager or a public body in respect of your request for access to records. 

You can request the IPC to review the following actions taken or decisions made by a public body:

  • refusal to grant access to a record or records,
  • separation or obliteration of information from a record,
  • releasing your personal or business information to a third party, and
  • refusal to correct information in a record.

You can also request the IPC review a decision of the Records Manager to:

  • grant an extension of time to respond to your access request,
  • declare a request for access to a record abandoned,
  • deny your request for a waiver of part or all of a fee for processing the access request.

If you made a request for access to records, including records containing your personal information, and you did not receive a response from the Records Manager within 30 days from the date you made your request (or up to an additional 60 days if the Records Manager extended the time to respond), this is considered a deemed refusal by a public body to provide you with access to the records you requested.  You can request the IPC to review this refusal. 

When must I request a review by the IPC?

To request a review you have 30 days starting from the date the public body responded to your:

  • access request,
  • request for correction, or
  • request for a fee waiver.

A business or individual who received a notice of a public body’s decision to release their business or personal information to an applicant must request a review by the IPC of that decision within 20 days from the date they received the notice from the public body.

If the Records Manager failed to respond to your access request in time, you have 30 days from the date s/he should have responded to request a review by the IPC.

How do I request a review?

To request a review you must fill out the Request for Review/Complaint Form available on our website at and submit it to our office.

Forms are located at…

When you submit your form, make sure you include a copy of the following documents:

  • your request for access to records that you submitted to the ATIPP Office,
  • the Records Manager’s response (if there was one), and
  • any correspondence with the records manager or public body related to your request for access to records.

What happens when I request a review?

Our Intake Team will review your Request for Review/Complaint Form and  all documentation.  The public body and Records Manager will be notified that the IPC has received a request for review and will provide a copy of your Form to the public body or the Records Manager.  This is a requirement.  Shortly after we receive your Form, in most cases you will be contacted by an Investigator with the ECR Team who will work with you and the public body or Records Manager to try and mediate a resolution.  The goal of mediation is mediate a settlement to the matter under review.  As an example, when the review is of a refusal by a public body to provide you with access to records or information, the mediator will work with the public body to ensure you receive all the information you are entitled to under ATIPP.

What is the role of the Information and Privacy Commissioner (IPC)?

If the matter under review is not resolved through mediation, the matter may proceed to a formal hearing (called an ‘Inquiry’) before the IPC. The IPC has discretion about whether to conduct an Inquiry.  Most Inquiries are conducted by way of the parties making written submissions to the IPC.  Following the Inquiry the IPC will issue a report with her findings and any recommendations.  Both you and the public body will receive a copy of the report. For more information about Inquiries, please see the  FAQs about Written Inquiries

What if the public body refuses to accept the IPC’s recommendation?

A public body must notify the IPC about whether or not it accepts a recommendation. If a public body does not give the required notice or refuses to accept the IPC’s recommendation/s, you have a right to appeal to the Yukon Supreme Court. 
For more information regarding the rights of appeal, please see the FAQs about Written Inquiries

What if my concern is about how a public body handled my request for access to records?

The IPC can receive complaints from the public about the improper administration of the ATIPP Act by public bodies.  

If you believe a public body did not properly search for records, or the public body failed to locate records you believe exist, or you have some other concern about how a public body or the Records Manager handled your access request you can make a complaint to the IPC by completing a Request for Review/Complaint Form.

What happens when I make a complaint?

Our Intake Team will review your Request for Review/Complaint Form.  The public body will be notified that the IPC has received a complaint from you.  In most cases you will be contacted by an Investigator with the ECR Team who will work with you and the public body or Records Manager to try and resolve the complaint informally.  If the issue cannot be resolved informally, the IPC may decide to conduct a formal investigation and issue a report.

Is there a fee to make a complaint?

There is no fee for our services.

I have a concern about the privacy of my personal information?

If your concern is about the collection, use, disclosure or breach of your personal information by a public body, please visit the portion of our website dedicated to privacy concerns

Where do I submit my request for review or complaint?

Complete the Request for Review/Complaint Form and submit it to our office.

Office of the Information and Privacy Commissioner
Suite201-211 Hawkins Street
Whitehorse, Yukon Y1A 1X3
Ph : 867 667-8468 Toll free: 1-800-661-0406 ext. 8468

 

Office hours are Monday to Friday 8:30 A,M. to  4:30  P.M.

 

Forms can be found on our website by clicking here

You can also obtain the form by contacting our Office.


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Health Information Privacy and Management Act (HIPMA)


Can I access my personal health information held by a custodian?

Yes.  Under the Health Information Privacy and Management Act (HIPMA) you have a right to view your personal health information or to receive a copy of it from a custodian (to see more about personal health information please click here to view page one of the FAQ's).  A custodian has 30 days, or an additional 60 days if more time is needed, to respond to your request from the date they receive your request for access to your personal health information.  Contact the custodian who has your personal health information to find out how to make a request for access to this information.   

You can also ask the custodian for a “record of user activity.” This record will tell you who has looked at any of your personal health information that is stored on the custodian’s electronic system.  Contact the custodian for information about how to request a record of user activity related to your personal health information.  

What is a record?

A record is anything recorded. A “record” is defined as including books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic or other means.  Records include email and information stored electronically.  It does not include a computer program or any other process that produces information. 

What can I do if I don’t receive a response or am not satisfied with the response received?

You can make a complaint to the Information and Privacy Commissioner (IPC) by completing a Request for Review/Complaint Form  if you don’t receive the information you requested by the deadline or are not satisfied with the information provided.  You can also make a complaint about an extension taken by a custodian, the failure of a custodian to assist you in making your access request, or the fee charged for providing access.  

What if my health information is not correct?

You can ask a custodian to correct your health information (please see page three of the FAQs). If you believe the custodian has not followed HIPMA in managing your request for correction you can make a complaint to our office by completing a  Request for Review/Complaint Form

What happens when I file an access complaint?

When we receive an access complaint, an Investigator with the ECR Team will:

  • notify the custodian about the complaint;
  • provide you and the custodian with a summary of the complaint and the procedure we will use to investigate the complaint;
  • informally try and resolve the complaint with you and the custodian;
  • notify you and the custodian about the resolution reached or if resolution could not be reached, the next steps.

For more information about our procedures for managing complaints, please click here

What is the role of the Information and Privacy Commissioner?

If your complaint cannot be resolved informally the Information and Privacy Commissioner (IPC) will conduct a hearing. Most hearings are conducted in writing by way of the parties making submissions. Following a hearing, the IPC will issue a report with her findings and any appropriate recommendations to remedy any noncompliance with HIPMA.  Both you and the custodian will receive a copy of the report.

Summaries of Reports will be published on our website.  As well, the IPC may choose to publish the entire report.  Any personal or health information will be removed from the report before it is published.   

What if a custodian does not follow the IPC’s recommendation?

A custodian must provide written notice to the IPC about whether they accept the recommendation/s.  If the custodian does not provide notice or decides not to follow a recommendation you will be notified by the IPC after which you may appeal to the Yukon Supreme Court. 

How do I make a complaint?

To make a complaint complete a Request for Review/Complaint Form and submit it to our office.

Forms can be found on our website by clicking here

You can also obtain the form by contacting our Office at:

 

Office of the Information and Privacy Commissioner
Suite201-211 Hawkins Street
Whitehorse, Yukon Y1A 1X3
Phone: 867-667-8468
Toll free: 1-800-661-0406 ext. 8468
Email: info@ombudsman.yk.ca

Is there a fee?

There is no fee for our services. 

What if my complaint is about the privacy of my personal health information?

If your concern is about the collection, use, disclosure or breach of your personal health information by a custodian, please visit the portion of our website dedicated to privacy concerns


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