Governing Documents: University Community
POLICY:
FIPPA AND PHIA
Effective Date:
March 27, 2001
Revised Date:
 
Review Date:
 
Approving Body:
Board of Governors
Authority:
 
Implementation:
 
Contact:
Vice-President (Administration)
Applies to:
All Staff

**Amendments are being made to this document.  Please contact Karen Meelker in the FIPPA office (474-8339) before proceeding with any FIPPA and/or PHIA matters.**


The Freedom of Information and Protection of Privacy Act (Manitoba) and The Personal Health Information Act (Manitoba) both apply to the University of Manitoba (the "University"). The following policy sets out how the University will oblige these two pieces of legislation.


BACKGROUND

The Freedom of Information and Protection of Privacy Act (Manitoba) ("FIPPA")

The University upholds the principles of and follows FIPPA which was proclaimed on May 4, 1998 and was extended to local public bodies, including all educational institutions in the Province of Manitoba, on April 3, 2000. Administrative Bulletin No. 76 outlines the procedures that the University will follow with regards to FIPPA.

The Board of Governors appointed the President as the designated head under the Act. The President in turn delegates her/his duties and obligations under FIPPA as necessary (See Administrative Bulletin 76, as amended from time to time).

FIPPA applies to all records in the custody or control of the University. A record is defined as information recorded in any form such as written and printed records, maps, plans and audio-visual recordings, as well as information stored and retrieved electronically, such as emails. FIPPA does not cover teaching materials, research information of an employee of the University, questions to be used on an examination or test, or papers donated by private individuals to the University's Archives & Special Collections.

The purposes of FIPPA are:

  1. to allow any person a right of access to records in the custody or under the control of the University, subject to the limited and specific exceptions set out in FIPPA;

  2. to allow individuals a right of access to records containing personal information about themselves in the custody or under the control of the University, subject to the limited and specific exceptions set out in FIPPA;

  3. to allow individuals a right to request corrections to records containing personal information about themselves in the custody or under the control of the University;

  4. to control the manner in which the University may collect personal information from individuals and to protect individuals against unauthorized use or disclosure of personal information by the University; and

  5. to provide for an independent review of certain decisions of the University under FIPPA.


The Personal Health Information Act (Manitoba) ("PHIA")

The University is also committed to FIPPA's companion act PHIA. PHIA came into effect on December 11, 1997. Administrative Bulletin 76 outlines the procedures that the University will follow with regards to PHIA.

Personal health information is defined in PHIA as recorded information about an identifiable individual relating to that person's health or health care history, the provision of health care to the individual or payment for health care provided to that individual.

Access to personal health information about someone else must be dealt with under FIPPA (unless the request is made by a person authorized to act on behalf of the other person under section 60 of PHIA). PHIA outlines rules for the collection, use and disclosure of personal health information.

The designated head under PHIA shall be the same as under FIPPA, and delegates her/his duties and obligations under PHIA as necessary. (See Administrative Bulletin 76 as amended from time to time).

The purposes of PHIA are:

  1. to provide individuals with a right to examine and receive a copy of personal health information about themselves subject to the limited and specific exceptions set out in PHIA;

  2. to provide individuals with a right to request corrections to personal health information about themselves;

  3. to control the manner in which the University may collect personal health information;

  4. to protect individuals against the unauthorized use, disclosure or destruction of personal health information by the University;

  5. to control the collection, use and disclosure of an individual's personal health identification number; and

  6. to provide for an independent review of certain decisions of the University under PHIA.

Policy Statements:

  1. The President is the designated head under FIPPA and PHIA as appointed by the Board of Governors. The President in turn delegates her/his duties and obligations under FIPPA and PHIA as necessary via the appropriate Administrative Bulletins.

  2. Should any of the University's policies conflict with FIPPA or PHIA, the provisions of FIPPA or PHIA shall prevail unless otherwise expressly provided for at law.