Introduction

To fulfill the Minister of Culture, Heritage and Tourism's central administrative role for the Manitoba government under FIPPA, Access and Privacy Services requires information about the processing of requests for access to records by the departments and government agencies. In addition to requiring this information to prepare the Minister's Annual Report to the Legislature (required under section 83 of FIPPA), this information is required to coordinate responses to "blanket" requests that may be received from time to time and generally to monitor activity under FIPPA.

The Minister of Culture, Heritage and Tourism, as the minister responsible for FIPPA, is also responsible, under section 75 of FIPPA, for compiling the Access and Privacy Directory, which assists in the identification and location of records held by the provincial government departments and government agencies.

Each department and government agency should advise Access and Privacy Services of changes in the information contained in its chapter in the Access and Privacy Directory, so that the Directory may be kept current. The Internet and Intranet versions of the Directory are updated frequently. The paper version is updated annually.

Reporting Access Requests

To maintain a central record of the topics of FIPPA access requests received under Part 2 of FIPPA across the government, Access and Privacy Coordinators for departments and government agencies are requested to advise Access and Privacy Services of each request as soon as it is received.

Before providing information respecting access requests to Access and Privacy Services, the Coordinator must remove all personal information (such as the names and addresses of individuals) and all other information which could reasonably be expected to identify:

• the applicant requesting access to a record, or
• any individual or business that a requested record is about.

Coordinators may notify Access and Privacy Services of access requests by:

• photocopying the application form and removing any personal information and other information identifying the applicant and any other individual or business referred to in the application; or

• transcribing the subject matter of the request, without any personal information or other identifying information, into a memo.

The severed application form or the memo should be faxed to Access and Privacy Services, Government Records Office, 948-2008.

A Report of Access Requests Received is prepared weekly by Access and Privacy Services and distributed by fax to Coordinators, Civil Legal Services and Executive Council.

Quarterly Report

The Quarterly Report is used to collect statistical information about activity under FIPPA, for corporate administrative purposes of the Manitoba Government. The Quarterly Report is also used to provide information for the Annual Report of the Minister of Culture, Heritage and Tourism under FIPPA, as required in section 83 of the Act, and to provide information for the regular update of the Access and Privacy Directory, as required under section 75 of FIPPA.

The Access and Privacy Officer of each department and government agency is responsible for ensuring that the Quarterly Report is prepared accurately and in a timely manner. It is recommended that the Access and Privacy Coordinator prepare the Report and have it signed by the Access and Privacy Officer.

At the end of each quarter, Access and Privacy Services will distribute by mail a Quarterly Report Form to the Access and Privacy Coordinator for each department and government agency. The completed reports should be returned by the third week of the following month. For example, the report for the first quarter of the calendar year will be distributed at the end of March and the completed reports should be returned by third week of April. To ensure accuracy, departments and government agencies are asked to confirm quarterly and annual statistics before the Reports are finalized.

Quarterly Report Section (pdf)

Instructions on Completing the Quarterly Report

Section 1. Number of New Applications, Type of Applicants and Source

Record the number of new FIPPA applications received during the quarter. Also record the type of applicant and the geographic origin of each application.

Applications transferred to another public body should only be reported by the public body to which they are transferred and which ultimately processes them.

Requests for information or access to files under other legislation, such as The Personal Health Information Act or The Child and Family Services Act, should not be included in this Report.

Requests for information which does not fall under FIPPA, such as records of officers of the Legislative Assembly or of Court proceedings, should not be included. This issue is discussed in more detail Chapter 1 under the heading "Records That Do Not Fall Under FIPPA".

Section 2. Applications Processed

Calculate how many applications were fully processed by the department or government agency during the quarter. This should include any applications which were brought forward from the previous quarter. Subtract the number of applications that have not been fully processed and are being carried forward into the next quarter, as well as the number of withdrawn or abandoned requests.

Ensure that the carried forward/brought forward statistics match from quarter to quarter. Refer back to the previous Quarterly Report to make sure that the number shown as "carried forward to next quarter" is the same as that shown as "brought forward to this quarter" in the current report.

Refer to Chapter 3: "Fee Estimates" for a discussion of the grounds for considering an application for access to be abandoned under subsection 82(3) of FIPPA.
                                       
Quarterly Report Section (pdf)

Section 3. Access Decisions

Record the total number of requests granted, partly granted or denied in the quarter. Also provide the number of applications in which the requested record did not exist or could not be located and the number in which it was decided to neither confirm nor deny the existence of a requested record. Record also the number of repetitive or incomprehensible requests and the number asking for information which had already been provided or is publicly available.

Break the total down into requests for personal and general information.

Ensure that the totals in line 3.7 equal those in line 2.7.

Section 4. Use of Exceptions

Record the number of applications in which each exception to disclosure was used.

Whether an exception is used only once or many times in responding to an application for access, it should be counted as being used only once in any one application.

Quarterly Report Section (pdf)
                                   
Section 5. Response Time

Record the total number of applications responded to within 30 calendar days, within the extension period of 30-60 days, and after more than 60 days. Break this information down by requests for personal information and general information.

Response time includes the total length of time that a department or government agency takes to fully respond to a request. This includes locating the requested records, making the decision about access, and doing any severing that may be required before making the requested records available for examination by the applicant.

Ensure the total in 5.4 equals the total in 2.7 and the total in 3.7.

Section 6. Fees Collected

Record all fees collected from applicants for access to information under Part 2 of FIPPA, by requests for personal information and general information.

Section 7. Fee Waivers

Record the number of applications in which fee waivers were granted according to the applicable provision in the Access and Privacy Regulation and the total amount of fees that were waived under each provision.

Quarterly Report Section (pdf)

Section 8. Public Body's Actual Costs

Record the total cost to the department or government agency of responding to all FIPPA applications during the quarter.

In 8.1 and 8.2 - Report Non-Blanket Requests Separately from Blanket Requests

Total Hours: record the total number of hours spent on all requests for personal and general information (according to type of applicant) by all employees of the department or government agency.  Include time spent searching for records, reviewing records, consulting, deciding what records will be released, severing, copying, coordinating blanket requests with other departments or agencies, and any other activities related to the processing of FIPPA requests.

Total Costs: record the total cost of all staff time spent on processing requests.

Legal Costs: record the amount charged by Civil Legal Services, an external lawyer, or the salary of in-house counsel.  Because of the billing process, this figure may not be available until the following quarterly report.  A final figure for the calendar year should be included on the 4th quarter report.

In 8.3, determine either the real cost of internal programming or data processing based on the length of time required and the salary of the staff member involved, or record the amount charged by the external agency which performed the work for the department of government agency.

In 8.4, in most cases this will be the actual cost of making photocopies of records for an applicant to take away. A few cases will involve copying from microfilm or making photographic copies.

Section 9. Correction of Personal Information

Provide the total number of requests for correction of personal information received by the department or government agency under FIPPA during the quarter. Also record the number of instances in which the public body agreed to make the requested correction, as well as the number of cases where the public body refused to make the correction but added the request for correction to the record.

For a discussion of section 39, and the right of an applicant to request correction of personal information about himself or herself under FIPPA, see Chapter 5: "Requests to Correct personal information".

Record a correction request only after it has been decided how to respond to it.

Section 10. New Complaints to Ombudsman and Appeals to Court of Queen's Bench       

Record:

• the number of new complaints to the Ombudsman about the department's or government agency's handling of access to information requests under Part 2 of FIPPA;

• the number of new complaints to the Ombudsman about the department's or government agency's protection of personal information under Part 3 of FIPPA,

• the total number of new complaints about the department or government agency; and

• the number of new appeals to the Court of Queen's Bench about the department's or government agency's decisions concerning access requests under Part 2 of FIPPA.

The Ombudsman's Office notifies a department or government agency as soon as it receives a complaint involving the department or agency.

When a decision respecting a refusal to give or refuse access under Part 2 of FIPPA is appealed to court, the person making the appeal must serve a copy of the application to appeal on the head of the department or government agency within 15 days of filing it in the Court of Queen's Bench.

To ensure consistent reporting, Access and Privacy Services checks with the Ombudsman's Office on the number of complaints and investigations involving each department and government agency at the end of each calendar year. When there are discrepancies, the departments and government agencies are asked to consult with the Ombudsman's Office and advise Access and Privacy Services as to the correct number.

Quarterly Report Section (pdf)

Section 11. New Investigations Initiated by Ombudsman

FIPPA gives the Office of the Ombudsman the power to initiate investigations to ensure compliance with FIPPA and with requirements respecting the security and destruction of records in any other statute or regulation.

Record the number of new investigations initiated by the Ombudsman and indicate the issue involved in each case e.g. improper destruction of records, unauthorised disclosure of personal information.

Quarterly Report Section (pdf)

Section 12. Costs of Ombudsman’s Investigations and Court Appeals

Include all costs, including legal costs and public body staff time, in this calculation.

Section 13. Access and Privacy Directory

13.1 Access Point Changes
The Access Point is the address to which requests for access to the department or government agency should be sent. It is provided in the Access and Privacy Directory, on the first page of the chapter for each department or agency. In most cases, the Access Point is the Access and Privacy Coordinator.

Report changes to the name, address, telephone and fax numbers of the Access and Privacy Coordinator, in writing, to Access and Privacy Services as soon as possible for administrative purposes. If the timing is appropriate, use the quarterly report to communicate this information. Otherwise, mail, fax or email the changes to Access and Privacy Services at the Government Records Office.

13.2 Organization Chart Changes
Indicate if there have been any organizational changes in the department or government agency that should be reflected in the organization chart in the Access and Privacy Directory. Attach a new organization chart.

Such organizational changes will require amendments or revisions to the department's or government agency's Records Schedules under The Archives and Recordkeeping Act. See section 13.5.

13.3 Responsibility Summary Changes
Review the responsibility statements in the Access and Privacy Directory. Organization changes or program changes will usually require updating the responsibility summaries. The addition of a new organizational component will require the development of a responsibility statement.

13.4 Personal Information Banks
For new Personal Information Banks, attach complete descriptions and indicate which Branch or Division has the series. Also indicate the Directory page number where the new entry belongs.

Report any changes to existing Personal Information Bank descriptions, particularly additions to the "Other Uses and Disclosures" category, as required under subsection 75(4) of FIPPA.

If the Personal Information Banks have not been scheduled under, the records Officer of the department or government agency should ensure that schedules are drafted and sent to records Management Services at the Government Records Office.

13.5 Amendments / Revisions to Records Schedules
Ensure that required amendments to Records Schedules are submitted to Records Management Services at the Government Records Office. Changes to Access and Privacy Directory entries that require Schedule amendments will not be made until the amendment forms have been submitted.

Revisions to Records Schedules require the approval of the Archivist of Manitoba. This must be obtained before the changes will be reflected in the Directory

When major organizational or program changes occur in a department or government agency that will require many changes in the Access and Privacy Directory, contact the Directory Coordinator at the Government Records Office. The Coordinator will assist the department or agency in revising its chapter.