INF 01.0-1 FOIP Access to Information Procedure

FOIP ACCESS TO INFORMATION PROCEDURE

Related Policy: FOIP Privacy Policy (INF 01.0)

INF

01.0-1

Procedure Owner: President Procedure Lead: Chief Financial Officer

Responsible Office: Financial Services

Approver: Senior Leadership Team

Initially Approved: December 12, 2019 Last Revised: January 17, 2020

Review Scheduled: January, 2025

A. Overview

Lakeland College is committed to openness, transparency and public accountability. As a public postsecondary institution, the college must comply with the Freedom of Information and Protection of Privacy (FOIP) Act. The college supports the public’s right to access information and where appropriate will actively disseminate information and provide access by way of routine information requests. The college also recognizes an individual’s right to access their Personal Information. Most information can be obtained directly from the college without submitting a formal FOIP request. This right of access is restricted only by the limited exceptions and provisions in the FOIP Act and other legislation.

This procedure relates to FOIP Privacy Policy INF 01.0 and applies to all Lakeland College employees who have a responsibility to provide appropriate access to information following the rules set out in the FOIP Act.

Appendix A provides additional guidance and examples of access to student Personal Information, while Appendix B relates to employee Personal Information.

B. Definitions

Active Dissemination: manner of dissemination where information is periodically released without a Formal Information Request. Examples include information released in a newsletter or on the college website.

Applicant: the individual who submits a Formal Information Request.

Consent: consent given freely in a prescribed manner and with full knowledge of the Personal Information to be provided and the use to be made of such information.

Delegated FOIP Authority: an employee or officer within the college that has been authorized by the FOIP Head (the President of Lakeland College) to carry out certain powers or duties under the FOIP Act, as delegated in the FOIP Delegation Authority Matrix.

Formal Information Request: a formal request for information under the FOIP Act.

Personal Information: recorded information about an individual, including:

i. the individual’s name, home or business address or home or business telephone number;

ii. the individual’s race, national or ethnic origin, colour or religious or political beliefs or associations;

iii. the individual’s age, gender, sexual orientation, marital status or family status;

iv. an identifying number, symbol or other particular assigned to the individual;

v. the individual’s fingerprints, other biometric information, blood type, genetic information or inheritable characteristics;

vi. information about the individual’s health and health care history, including information about a physical or mental disability;

vii. information about the individual’s educational, financial, employment or criminal history, including criminal records where a pardon has been given; or

viii. anyone else’s opinions about the individual, and the individual’s personal views or opinions, except if they are about someone else.

Routine Disclosure: Response to a routine inquiry or request, where access to a record can be granted without a Formal Information Request under the FOIP Act.

C. Procedure

Active Dissemination

1. Records that contain public information, such as approved Board policies, strategic plan, news releases etc. can be actively disseminated through the college website, printed materials, social media forums and other methods of communication.

2. Personal or business information should be severed, unless consent has been obtained or disclosure is authorized under the FOIP Act.

3. Departments should coordinate the dissemination of this information with the Marketing and Communications Department and ensure all communication policies and procedures are complied with.

4. Access to manuals, handbooks or guidelines used in the decision-making process in administering or carrying out programs or activities of the college will be made available for viewing on request.

Routine Disclosure

5. Where feasible, Lakeland College will attempt to provide Routine Access to records. The following factors will be used to assess whether the information can be provided routinely, without filing a Formal Information Request:

a. the disclosure is authorized or required by another piece of legislation,

b. the information is publicly available,

c. the disclosure contains only the individual’s personal information (i.e. does not contain any third-party information and no FOIP exceptions identified in (d) apply),

d. no other FOIP exceptions apply to the records. Examples of these FOIP exceptions include but are not limited to: confidential business information; other third-party information; information related to law enforcement; planning, advice or recommendations; and information subject to legal privilege.

6. Details of the Routine Disclosure should be properly documented in the appropriate file(s).

7. The FOIP Act authorizes disclosure but does not require it. Employees have a duty to confirm the authority of individuals requesting Personal Information and to confirm their identity. For example,

a. Where phone calls from individuals requesting their own Personal Information are received, information confirming the identity of the caller should be requested.

b. Where a third party, such as a bank, requests personal information, written proof of consent should be provided by the third party.

c. Where a government official requests information, the section in the legislation authorizing the disclosure, as well as the identity of the government official should be confirmed.

8. A Department under the authority of the Dean/Director may routinely disclose information in the following circumstances:

a. where necessary for the performance of duties of an employee of the college,

b. where the information was collected or compiled or for a use consistent with that purpose,

c. where consent was obtained in the prescribed manner,

d. the information requested is the individual’s own Personal Information and the information does not contain any other third-party Personal Information or other sensitive information (see sec. 5(d) above),

e. the request relates to a specific type of record where disclosure is explicitly authorized by a college policy or procedure (e.g. a student can access their student transcript).

In all other cases, the FOIP Coordinator should be consulted.

9. In all cases, only the information necessary to respond to the request should be released.

10. If a request cannot be met by Routine Disclosure it may be necessary to file a Formal Information Request. The request should be forwarded to the attention of the FOIP Coordinator who will then determine whether the access request can be done through Routine Disclosure or whether a Formal Information Request is required.

Formal Information Requests

11. Access to information that is not disclosed through Active Dissemination or Routine Disclosure must be submitted through a Formal Information Request in writing, accompanied by the appropriate fees, prescribed by the FOIP regulations.

12. All Formal Information Requests must be forwarded immediately to the FOIP Coordinator. The FOIP Coordinator will advise the FOIP Head (the President) that a request has been received.

13. The FOIP Coordinator will assist the applicant with:

a. clarifying the request and timeline,

b. coordinating the search for responsive records, and if appropriate provide a fee estimate to the applicant,

c. review and redact responsive records in accordance with specific and limited exceptions in the FOIP Act, and

d. log all FOIP requests from the date of receipt to the close of the file.

14. Each department will appoint a contact person who will assist with the search for responsive records within their respective department.

15. Where a formal Information Request is in process, no record including transitory records may be destroyed.

16. In consultation with the FOIP Coordinator, the President (FOIP Head) will review the request, the responsive information, and the recommendations for the release of the information.

17. Costs associated with handling access requests may be charged but cannot exceed the costs set out in the FOIP Regulations.

D. Exceptions n/a

E. Related Forms/Documents

Request to Access Information Form (INF 004)

F. Revision History

Date

(yyyy/mm/dd)

2019-12-18

2020-01-17

2023-01-17

Description

New, implemented as FIN 4.03

Non-substantive - new numbering INF 01.01(formerly FIN 4.03) /updated to new template

Risk & Compliance Manager

APPENDIX A

Routine Access to Student Records

Requests for Student’s own Information

1. Where a request is received by a student for their own Personal Information. The following information may be routinely disclosed:

▪ the portion of the student file that is deemed to be routinely accessible

▪ information supplied by the student

▪ information copied to the student

▪ consent obtained in the prescribed form authorizing the disclosure to the student

2. Requests for graded assignments and exams should be made directly to the Instructor.

Requests from Lakeland College Employees and Contractors

3. The FOIP Act permits the disclosure of certain information to other Lakeland College employees, such as to instructors where necessary for the performance of their duties. Only the minimal amount of information required should be disclosed.

▪ Examples of information that would normally be available to instructors include student IDs, and student contact information.

4. Disclosure of personal information to a Lakeland College contractor should only be made as authorized by the terms and conditions of the written contract.

Requests from Third Parties

5. Student Personal Information should only be disclosed to Third Parties in the following circumstances:

a. Consent has been obtained in the prescribed form; or

b. The information is limited to the following and the disclosure has been authorized by the Registrar (i.e. determined not to be contrary to the public interested and the individual has not specifically requested that this information not be disclosed):

i. Confirmation of enrolment or registration in the college or in a Program (does not include confirmation of attendance);

ii. Participation or attendance at a public event or activity related to the college, such as a graduation ceremony, sporting event, cultural program, club event or field trip;

iii. Confirmation of a diploma, certificate, or degree, honour or award received by or through the college; or

c. The information is requested by a government official where disclosure is authorized or required by a piece of legislation and the disclosure has been approved by the Registrar; or

d. In all other cases please consult with the FOIP Coordinator.

6. The following types of records should not be routinely disclosed and should be forwarded to the FOIP Coordinator as the request may have to go through a Formal Information Request:

▪ letters of reference supplied in confidence

▪ evaluative comments provided by anyone in a formal evaluation process

▪ records relating to a grievance or appeal process

▪ records relating to a legal or an administrative investigation

▪ letters of complaint

APPENDIX B

Routine Access to Employee Records

Requests for Employee’s own Information

1. The following employee information may be Routinely Disclosed by the Human Resources Department:

a. the employee file

b. information supplied by the employee,

c. information copied to the employee,

d. performance evaluations (any identifying information other than by the supervisor should be severed)

e. with consent obtained in the prescribed form authorizing the disclosure to the employee.

2. The following types of records should not be Routinely Disclosed and should be forwarded to the FOIP Coordinator as the requests may have to go through a Formal Information Request:

a. Letters of reference supplied in confidence,

b. documents relating to a grievance or appeal process,

c. documents relating to legal or administrative investigations,

d. letters of complaint unless the author has consented to the disclosure,

e. evaluative comments, not by the supervisor.

Requests from Third Parties - Lakeland College Employees

3. Limited information may be disclosed to other Lakeland College employees, such as the employee’s supervisor where necessary for the performance of their duties. Only the minimal amount of information required should be disclosed.

▪ Examples of information that would normally be accessible to a supervisor include: performance evaluation, employee number, information about the employee’s service, salary, vacation leave and sick leave statistics, and attendance information.

4. Disclosure of Personal Information to a Lakeland College Contractor, such as Blue Cross should only be released as authorized by the terms and conditions of the contract.

Requests from Third Parties - Other

5. The following types of records can be Routinely Disclosed at the discretion of the Director of Human Resources:

a. specifications, manuals and guidelines (should be routinely available for viewing by the public);

b. training material;

c. Job descriptions and organizational charts (personal information should be severed – i.e. salary, appointment history. Employee ID should not be released where connected with an employee name).

d. Working hours for a position (not for a specific employee);

e. Severance or separation allowance formula;

f. General information about benefits;

g. Job profile and description of ideal candidate;

h. Advertising material, expenditures on advertising and media strategy;

i. Names of screening or selection panel members, including job titles;

j. Candidate rating and ranking (all personal information such as names must be severed);

Confirmation that references have been contacted