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In 2008, York University received 19 new requests under the Freedom of Information and Protection of Privacy Act (FIPPA). Two of these requests carried over into 2009, while one from 2007 was completed during the year. Of the 18 requests completed in 2008, 7 were for access to an individual's own personal information, while 11 were for access to general records. In terms of who asked for information, 8 requests were made by staff or faculty members, 6 were made by students, and 4 were made by individuals outside of the University community. More detailed statistics regarding these requests can be found in York University's 2008 Statistical Report to the Information and Privacy Commissioner/Ontario. The 2008 report shows that York University met all of its timelines, completing 15 requests within the mandated 30-day allowance. Three other requests were completed within 60 days after giving appropriate notice under the Act. When requesters are not satisfied with the access decisions made by the University, they may appeal to the Office of the Information and Privacy Commissioner (IPC) which will mediate or, if necessary, adjudicate a decision. A number of these appeals were resolved in 2008, and the IPC's orders can be found by searching "York University" on the IPC website (www.ipc.on.ca). Below is a summary of requests completed since universities were brought under the Act in June 2006.
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Disclosing Personal Information in an Emergency Normally, the personal information that the University collects is held confidentially and is not disclosed without the individual's knowledge and consent. However, in an emergency situation, it is permissible to share an individual's personal information if there is risk of significant harm to the health or safety of an individual. It can also be shared for compassionate reasons to facilitate contact with the spouse, close relative or friend of an individual who is injured, ill or deceased. In the wake of some high-profile tragedies on university campuses — the mass shootings at Virginia Tech, the suicide of an 18-year old Carleton University student — the Information and Privacy Commissioners of Ontario and British Columbia have issued jointly a practice tool to help the education sector make good disclosure decisions. Entitled Emergency Disclosure of Personal Information by Universities, Colleges and other Educational Institutions (October 2008), the document provides hypothetical scenarios and suggests ways to deal with them. This tool builds on a fact sheet issued by Ontario's Commissioner in July 2005 called Disclosure of Information Permitted in Emergency or other Urgent Circumstances. York University has always taken a practical approach to managing such situations and will continue to share personal information confidentially where warranted for the health and safety of individuals at risk and for the University community at large. The bottom line is that FIPPA does not prevent anyone from disclosing someone else's personal information if there is risk of significant harm to the health or safety of an individual, and the person disclosing the information is acting in good faith. |
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FIPPA Guidance for Faculty Members The Information and Privacy Office has prepared three information circulars on aspects of FIPPA that may be of particular interest to faculty members. Circular 1, FIPPA and Recordkeeping Principles, gives advice on how to distinguish and manage University records, which may be subject to a FIPPA request, from personal and transitory records. Circular 2, FIPPA and Student Information: Best Practices for Instructors, provides guidance on how best to protect the privacy of students' personal information in the course of teaching and communicating with students. Circular 3, FIPPA's Application to Research and Teaching Records, explains the exclusion under FIPPA for these kinds of records, and provides examples of where such records could still be covered by the legislation. The IPO has given a number of information sessions based on these circulars to senior faculty administrators and other faculty groups and individuals on demand, and can arrange to do further sessions on request. In addition, there are other publications of interest (on email and voicemail management, handling confidential records, secure records destruction, etc.) in the Information and Privacy Toolkit on the IPO website at http://www.yorku.ca/secretariat/infoprivacy/infotoolkit/index.htm.
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Taking Photos or Videos of Individuals on Campus This year marks York's 50th anniversary and there are lots of public events planned to celebrate it, and lots of opportunities for taking photos and videos of the activities. However, we need to remember that personal information includes recognizable images of individuals.
There are two exceptions to the general requirement of the practice of giving notice and obtaining consent for taking photos of individuals: 1) Images that only indicate attendance on campus: In the York University context, it is likely not to be considered an unjustified invasion of the personal privacy of the individuals photographed or recorded if the images simply indicate attendance on campus (e.g., several people walking through Vari Hall or other general venue). Nevertheless, where practical and as a courtesy, it is prudent to ask the individuals for their consent to having you take and use their photo. 2) York University Editorial Publications: York University's main editorial publications—YFile, YLife and YorkU magazine—are published for the purpose of creating a record that is available to the general public, and as such are examples of exceptions to FIPPA's requirement for notice and consent. Where practical, however, notice should be given as a courtesy. Note that if photos, audio or video recordings used in these editorial publications are to be stored in an image bank and/or repurposed in the future, consent must be obtained. |
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Common Records Schedule: Helping You Manage Your Records All sections of the York University Common Records Schedule are now available online. Just click on the icon on the IPO's home page:
The Common Records Schedule incorporates a classification system to help you organize your records. It also tells you how long to keep records and how to dispose of them. The CRS is an evolving document and new file classes will be added from time to time. For this reason, the CRS is designed to be accessed on the web so that you can be sure of using the most up to date version.
The Information and Privacy Office has been conducting training sessions on how to use and implement the CRS. Our first general overview sessions took place in January and February and were well attended with over 100 employees joining us on the Keele and Glendon campuses. Units interested in further training should contact the IPO; we'd be glad to visit you. |
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The Information and Privacy Office is pleased to present our new colourful and eco-friendly mousepads that place five key tips for good recordkeeping right at your fingertips. Not only are they made from recycled rubber and pop bottles, the mousepads themselves can be completely recycled! If you would like a mousepad, simply attend one of our CRS presentations or invite a member of the IPO to speak to your staff meeting. Our Contact information Information and Privacy Office |
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