The Freedom of Information and Protection of Privacy Act (FIPPA) is an act of the Manitoba Legislature in the Canadian province of Manitoba that is both an access-to-information statute and an information-privacy statute.
It enables the right-of-access to records held by public agencies in the province and governs the handling of personal information by public bodies.
The provincial Minister of Finance is responsible for the province-wide administration of the Act. Central administration and coordination of FIPPA is carried out by the Information and Privacy Policy Secretariat, under Manitoba Finance. The Secretariat advises the provincial government on issues of information accessibility, confidentiality, and privacy policy, as well as support services to other public entities under FIPPA.
Overview
Under the Act, members of the public are within their rights (subject to certain exemptions) to see and obtain copies of records from Manitoba government departments, government agencies, local governments, school divisions, universities and colleges, regional health authorities, and other local public bodies.
The Act protects individuals' personal information by establishing rules for the collection, use, and disclosure of personal information by public bodies. It also provides individuals the right to access their own personal information and to correct any information that public bodies hold about them.
FIPPA does not apply to: (1) private-sector businesses, non-profit organizations or professional organizations, which may be governed by the federal Personal Information Protection and Electronic Documents Act; or (2) federal government departments, agencies, and crown corporations, which may be covered by the federal Access to Information Act and Privacy Act.
When public bodies withhold information from a record or withhold a record completely, they must indicate which "exception" provision of FIPPA was used to authorize the decision to refuse access. Public bodies are required to deny access if a mandatory exception applies to the requested information, but may choose to release or withhold information if a discretionary exception applies.
Administration
The provincial Minister of Finance is responsible for the province-wide administration of the Act. Central administration and coordination of FIPPA is carried out by the Information and Privacy Policy Secretariat, a branch of Manitoba Finance. The Secretariat advises the provincial government on issues of information accessibility, confidentiality, and privacy policy, as well as support services to other public entities under FIPPA. (The minister responsible for the act was previously the Minister of Sport, Culture and Heritage, and the Information and Privacy Policy Secretariat was part of Manitoba Sport, Culture and Heritage.)
The Secretariat provides guidance to Access and Privacy Coordinators and Officers of all public bodies on the administrative requirements of FIPPA.
The Secretariat works closely with the Manitoba Archives and the Government Records Office. Regarding FIPPA, the functions of Manitoba Archives are directly related to its responsibility to administer the records management program of the Government of Manitoba under the provincial Archives and Recordkeeping Act. The Archivist of Manitoba establishes policies, standards, and guidelines for government recordkeeping and approves departmental and agency "records schedules." (According to the Secretariat, a "‘records schedule’ is the formal, written plan that identifies government records, establishes their retention periods and provides for their disposition.")
Statistics
In 2019, government departments and agencies of Manitoba reported receiving 2,500 requests for access, an increase from the 2,323 requests received during 2018. The departments that received the highest number of requests were Manitoba Justice (292), and Health, Seniors and Active Living (257).