G3 – Freedom of Information and Protection of Privacy – Access to Records Procedure

1. Purpose

1.1

Individuals are entitled to access records held by Red River College Polytechnic (“RRC Polytech”) in accordance with The Freedom of Information and Protection of Privacy Act (“FIPPA”) as may be amended from time to time. Individuals are also entitled to access their personal health information records in accordance with The Personal Health Information Act (“PHIA”) as may be amended from time to time. RRC Polytech is committed to complying with FIPPA and PHIA in responding to all access requests.

1.2

This Procedure sets out the steps for making an access request and responding to access to information requests under FIPPA or a request to access Personal Health Information under PHIA.

2. Definitions

2.1

The terms used in this Procedure are to be read consistently with the definitions set out in Policy G3 and the RRC Polytech Glossary.

3. Application

3.1

This Procedure applies to all access to records requests made to RRC Polytech under FIPPA and requests for personal medical records held by RRC Polytech under PHIA.

4. Processing Access Requests

4.1

Individuals may make informal requests for records related to their own personal information. RRC Polytech employees may respond to an informal request made by an individual for Records of their Personal Information without requiring a written Access Request but are not required to do so. Employees may not respond to an informal request if the records:

1. discloses information related to a third party,
2. involve a significant time requirement to gather,
3. or there is a question about RRC Polytech’s ability to disclose the information pursuant to FIPPA or PHIA.

4.2

Access Requests, including those related to Personal Information and Personal Health Information, must be made in writing and may be made on the Access Request form. The applicant may also be directed to the Access and Privacy Coordinator for guidance on accessing and completing the Access Request form.

4.3

Any RRC Polytech Employee who receives an Access Request must treat it with confidentiality and immediately redirect the request to the Access and Privacy Coordinator for processing.

4.4

All Access Requests will be date-stamped and logged when received. Once the Access Request has been logged, the Access and Privacy Coordinator will assess the request and determine whether the applicant may have access to some or all of the records requested or if the request will be denied.

4.5

Access to records held by RRC Polytech may be denied in accordance with the requirements of FIPPA or PHIA, including where disclosing the record would result in an unreasonable invasion of a third party’s privacy. All RRC Polytech stakeholders and subject matter experts must cooperate with the Access and Privacy Officer to assist in making the correct determination. Notwithstanding anything else set out in the Policy or these Procedures, RRC Polytech will not disclose records contrary to the requirements of FIPPA or PHIA.

4.6

The Access and Privacy Officer and Access and Privacy Coordinator have a right of access to all Records held by RRC Polytech that are the subject of any formal request. All employees must provide copies of all Records related to the formal request to the Access and Privacy Officer and/or the Access and Privacy Coordinator.

4.7

The Access and Privacy Officer may transfer the request to another public body where appropriate and in accordance with FIPPA.

4.8

The Access and Privacy Officer will provide notice to a third party impacted by the request as required by law.

4.9

Upon completion of the review of Records, including consideration of any third-party representations, the Access and Privacy Officer will communicate with the applicant as prescribed by law, informing them of the Records or portion of the Records, if any, to which they may have access, and describing how the applicant may gain access to the said Records as well as any associated fees.

4.10

Where records naming any employee of RRC Polytech are being released to an applicant, the Access and Privacy Officer will advise the affected employee where it is reasonable to do so.

4.11

RRC Polytech will respond to Access Requests in a timely manner in accordance with the requirements of FIPPA and PHIA.

5. Fees

5.1

An applicant shall pay a fee to RRC Polytech for the search and preparation of records and for the copying of records as permitted by law and at the rate set out by legislation as may be amended from time to time.

5.2

RRC Polytech will provide an applicant with the estimated fees in advance in the form attached.

5.3

Upon confirmation that the applicant accepts the fee estimate and makes payment, the College will process the Access request.