The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) provides an individual with the right to access information under the custody and control of an institution, including one's own personal information (Section I - MFIPPA). There are certain limitations that may exclude records from being accessible: the records may be exempt, confidentiality provisions may apply or the request may be considered frivolous or vexatious.
Individuals wishing to access the Windsor-Essex County Health Unit (WECHU) records should begin by contacting the Privacy Officer at privacy@wechu.org [1] in order to determine if the request should be submitted formally under the Act or if the information will be provided under business as usual.
It is important to note that the rules governing access and privacy under MFIPPA apply to both formal and informal requests for information.
One of the key principles of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) is that “information should be available to the public”. In an effort to engage citizens and demonstrate accountability and transparency, the Windsor-Essex County Health Unit (WECHU) proactively provides the public with access to the information that matters most to them.
The practice of Routine Disclosure and Active Dissemination is a cost-effective and client-friendly way of providing information to the public. The overarching principle in this Policy is to advance the view that information held by the WECHU should be made available to the public, and any exceptions to this principle should be limited and specific.
Examples of the types of information the WECHU provides the public are:
Submit a request though the MFIPPA Access/Correction Form. [8]
See a list of fees for information requests.
The Municipal Freedom of Information and Protection of Privacy Act allows individuals to appeal decisions about access to records made by municipal institutions and local boards. You can appeal any decision made by the head of an institution. The appeal must be filed within thirty (30) calendar days after the notice of the decision is given by the municipality or local board for any of the following reasons:
The written notice of appeal should be directed to:
Information and Privacy Commissioner/Ontario
2 Bloor Street East, Suite 1400
Toronto, Ontario
M4W 1A8
In the event that a requester wishes to launch an appeal, the Information and Privacy Commissioner's Office must be provided with a copy of the request, the file number, a copy of the municipality's or board’s decision letter and the appeal fee. There is a $25 appeal fee for general information requests and a $10.00 appeal fee for personal information requests. All fees should be in the form of either a cheque or a money order made payable to the Minister of Finance.
There are five basic principles of this legislation aimed to provide an individual with an appropriate balance between access to government information and protection of the individual’s personal information. These principles are:
No. The WECHU routinely releases information without a formal MFIPPA request provided the information:
Personal information is recorded information on an identifiable individual including, but not limited to:
You will receive all information that is releasable under MFIPPA. Some information may not be released if an exception to release exists in the Act. When an exemption to disclosure exists, you will be informed under which section of the Act the information is exempt.
When submitting a request you must pay an initial application fee of $5.00. A request requiring this fee will not be processed until the fee is received. The fee may be received in the form of credit card, cash, money order or certified cheque made out to the “The Windsor Essex County Health Unit” or “WECHU”.
A personal request will have a fee assessed for photocopies if the cost of the copies requested exceeds $5.00. The charge for photocopies is $0.20 per page. Computer Programming fees are $15.00 per ¼ hour to develop a program to retrieve information. Electronic medium e.g. USB’s are $10.00 each.
You will be given an estimated fee if anticipated fees are $25.00 or more. If the estimate of fees to be paid is $100.00 or more, you will be required to pay a 50% deposit. Please note that the fee charges are prescribed by Section 45 of the MFIPPA and section 6 of the Regulations and Guidelines for Municipalities and Local Boards. All monies are payable by credit card, cash, money order or certified cheque.
Your request will be opened, but processing will not begin until the initial fee has been received by the Finance Department. The Privacy Officer will inform you in writing that the request is on hold and awaiting the fee.
To obtain services from the WECHU, you may have to provide your personal information to the WECHU. However, the WECHU can collect only the personal information that is needed to provide the service
Yes.
When personal information is collected from an individual, notice should be given about what use is made of their personal information, the authority for collecting this information and the name and contact information of the employee who can answer additional questions a person may have on this collection. Also, the information is to be collected directly from the individual in most circumstances but there are a few exceptions to this in the Act.
If you feel that the WECHU has breached your privacy, you have the right to request an investigation into the matter by the WECHU Privacy Officer and, if not satisfied with the result of the investigation, you may request the Information and Privacy Commissioner of Ontario to investigate the potential breach.
Employees of the WECHU, including the Privacy Officer, must make every “reasonable” effort to help applicants and to respond to each applicant openly, accurately and completely subject to the restrictions and exemptions of MFIPPA.
If it is unclear what records are being required, the Privacy Officer will contact the applicant for more details on the information being requested as a part of “duty to assist”. This clarification enables more accurate and complete processing of a request.
No.
However, under certain circumstances, it may be helpful to provide the reason, as it would enable the WECHU to process your request more efficiently.
Ontario’s Information and Privacy Commissioner, who is appointed by the Provincial Legislature, oversees all aspects of the Municipal Freedom of Information and Protection of Privacy Act for all public bodies affected by the Act including the WECHU. The Office of the Commissioner is the independent body that reviews the application of the legislation including:
How to complete a MFIPPA request using the Municipal Freedom of Information & Protection of Privacy Access form provided by the WECHU:
If paying by cheque, send to the address below, and include the MFIPPA tracking number you received via email after submitting the form.
Please mail your cheque to:
Windsor-Essex County Health Unit
Privacy Officer
1005 Ouellette Ave
Windsor, ON N9A 4J8
Attn: Finance Department
Re: MFIPPA Request (include the number assigned)
Links
[1] mailto:privacy@wechu.org
[2] https://www.wechu.org/about-us/annual-reports
[3] https://www.wechu.org/boh-docs
[4] https://www.wechu.org/inspections
[5] https://www.wechu.org/outbreaks
[6] https://www.wechu.org/ipac_reports
[7] https://www.wechu.org/cv/local-updates
[8] https://www.wechu.org/key-policies/mfippa-accesscorrection-form
[9] https://www.wechu.org/tags/key-policies
[10] https://www.wechu.org/tags/privacy
[11] https://www.wechu.org/tags/corporate
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1005 Ouellette Avenue, Windsor, Ontario N9A 4J8 - 519-258-2146