HomeEn FrançaisContact the Ombudsman
About the OfficeAccess and Privacy DivisionOmbudsman Division










Legislation
Legislation
Legislation
Joining the Herd

What's New
Site Map
Search
Privacy & Site Policy



 

Access and Privacy Division



Your Right To Know 2007: Five Points About Access To Information For Requesters

1. REQUESTING ACCESS TO INFORMATION IS AN INDIVIDUAL’S RIGHT

Anyone can request access to information under The Freedom of Information and Protection of Privacy Act (FIPPA) or The Personal Health Information Act (PHIA). You do not need to be a Canadian citizen or Manitoba resident.

2. CONTACT THE ACCESS AND PRIVACY COORDINATOR BEFORE YOU USE FIPPA OR PHIA

A public sector body has a duty to help an individual making a request. Each public sector body has a person responsible for handling access requests. You can find the contact information for the appropriate Access and Privacy Coordinator by checking out question 5 of our “5 Frequently Asked Questions on Requesting Access.” The Access and Privacy Coordinator can guide you in your request, or may tell you that using FIPPA or PHIA is unnecessary in your situation.

3. ACCESS IS THE RULE; WITHHOLDING IS THE EXCEPTION

Under FIPPA and PHIA, access is the rule. However, there are certain circumstances (called “exceptions” in the Acts) where a public sector body must withhold or can choose to withhold requested information. An exception used by a public sector body must clearly apply to the specific information being withheld. Other requested information to which no exception applies must be provided to the requester.

4. THERE MUST BE A REASON WHY ACCESS IS WITHELD

If certain records or parts of records are withheld from you under FIPPA or PHIA, the public sector body must tell you that in writing. The written response must include the reason why an exception applies to the withheld information. The public sector body must also tell you that you can complain to the Ombudsman about refusal of access.

5. COMPLAINTS ABOUT ACCESS CAN BE MADE TO THE OMBUDMAN

You may make a complaint about access to Manitoba Ombudsman, including that:

  • more than 30 days have passed since the public sector body received your request and you have had no reply;
  • access to some or all of the requested information has been denied;
  • you do not agree with fees being charged

Manitoba Ombudsman investigates and, if necessary, will recommend release and must make all recommendations public. There are no fees for the Ombudsman’s services. For more information, contact Manitoba Ombudsman at 982-9130 or 1-800-665-0531 (in Manitoba).

Manitoba Ombudsman, June 2007

Back to Top