Maria Mavroyannis Executive Officer, Governance, Policy and Risk - - PowerPoint PPT Presentation

MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)

Maria Mavroyannis Executive Officer, Governance, Policy and Risk Management August, 2014

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WHAT IS MFIPPA?

• MFIPPA applies to municipalities, boards, agencies and
• commissions. This may include information held by a

city clerk, a school board, board of health, public utility

• r police commission.
• The Act creates a privacy protection scheme which the

government must follow to protect an individual’s right to privacy. This includes rules regarding the collection, retention, use, disclosure and disposal of personal information in its custody or control.

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LEGAL OBLIGATIONS

• The Act requires that local government organizations

protect the privacy of an individual’s personal information existing in government records.

• The Act also gives individuals the right to request access

to municipal government information, including most general records and records containing their own personal information.

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EXEMPTIONS

• The Board must provide access unless the information is

exempt under the Act (Section 6-16):

• Draft by-laws
• Advice or recommendations
• Law enforcement
• Civil remedies Act, 2001
• Prohibiting Profiting from Recounting Crimes Act, 2002
• Relations with governments
• Third party information
• Economic and other interests
• Solicitor-client privilege
• Danger to safety or health
• Personal privacy
• Information soon to be published
• Exemptions not to apply

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PROCESS

• Members of the public or an individual may make a request

in writing to the Board’s Freedom of Information Coordinator.

• A $5.00 application fee must accompany the request. The

requester may also be charged for the time required to locate and prepare records (fee estimate).

• The Board must respond within 30 calendar days of receipt of

the request. However, under some circumstances an extension may be required.

• Once the requester receives the response, they have the right

to appeal within 30 days.

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PRIVACY BREACHES

• A privacy breach occurs when personal information is

collected, retained, used or disclosed in ways that are not in accordance with the provisions of the Act.

• For example, personal information may be lost (a file is

misplaced), stolen or inadvertently disclosed through human error (letter addressed to person A is mailed to person B).

• All privacy breaches must be reported to the Freedom of

Information Coordinator who in turn will report the breach to the Information and Privacy Commissioner.

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QUESTIONS?

Questions regarding MFIPPA or privacy breaches can be directed to Denisse Parra, 416-397-3365 or denisse.parra@tdsb.on.ca RESOURCES/REFERENCE DOCUMENTS:

• Municipal Freedom of Information and Protection of Privacy

Act

• TDSB PR676 – Freedom of Information and Protection of

Privacy

• Privacy Breach Protocol: Guidelines for Government

Organizations