Freedom of Information and Protection of Privacy Act | |
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Legislative Assembly of Ontario | |
Citation | Freedom of Information and Protection of Privacy Act , R.S.O. 1990, c. F.31, s. 1 |
Territorial extent | Province of Ontario |
Commenced | 1 January 1988 |
Status: In force |
The Freedom of Information and Protection of Privacy Act (R.S.O. 1990, c. F.31) (commonly abbreviated FIPPA) (the Act) is an Act of the Legislative Assembly of Ontario. The Act legislates access to information held by public institutions in Ontario subject to specific requirements to safeguard the personal information of individuals. [1] [2]
In 1977, the Williams Commission was convened with a mandate from Ontario's Attorney General to report on public information policies of the Government of Ontario. The Commission presented recommendations to the provincial legislature in August, 1980. [3]
After the long-standing Progressive Conservative government was defeated in 1985, the Liberal party established a minority government with the support of the New Democratic Party (NDP). One of the conditions for the NDP's support was passage of Bill 34, legislation which would establish new freedom of information and privacy protection law, and which relied on the recommendations of the Williams Commission. Bill 34 was originally introduced in July, 1985 and referred for public consultations between March 1986 and May 1987. [4]
The resulting Act came into effect on January 1, 1988. [3]
Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.
The role of information commissioner differs from nation to nation. Most commonly it is a title given to a government regulator in the fields of freedom of information and the protection of personal data in the widest sense. The office often functions as a specialist ombudsman service.
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
The Freedom of Information Act (FOIA), 5 U.S.C. § 552, is the U.S. federal freedom of information law that requires the full or partial disclosure of previously unreleased information and documents controlled by the United States government upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.
The Personal Information Protection and Electronic Documents Act is a Canadian law relating to data privacy. It governs how private sector organizations collect, use and disclose personal information in the course of commercial business. In addition, the Act contains various provisions to facilitate the use of electronic documents. PIPEDA became law on 13 April 2000 to promote consumer trust in electronic commerce. The act was also intended to reassure the European Union that the Canadian privacy law was adequate to protect the personal information of European citizens. In accordance with section 29 of PIPEDA, Part I of the Act must be reviewed by Parliament every five years. The first Parliamentary review occurred in 2007.
Marion Boyd is a former politician in Ontario, Canada. She was a New Democratic member of the Legislative Assembly of Ontario from 1990 to 1999 who represented the riding of London Centre. She served as a member of cabinet in the government of Bob Rae. She works as a consultant and mediator.
Elections Ontario is an independent office of the Legislative Assembly of Ontario responsible for the administration of provincial elections and referenda. It is charged with the implementation and enforcement of the Election Act, Election Finances Act, Representation Acts (various), as well as specific portions of the Municipal Elections Act, 1996, Taxpayer Protection Act, 1999, and Fluoridation Act. The agency collects information about political parties, candidates, constituency association, leadership contestants, and third parties involved in Ontario politics. Elections Ontario is led by the Chief Electoral Officer, a non-partisan Officer of the Legislative Assembly chosen by an all-party committee. Greg Essensa, appointed in 2008, is the current Chief Electoral Officer. His predecessor was John Hollins, who held the position from 2001 to 2008.
The Access to Information Act or Information Act is a Canadian Act providing the right of access to information under the control of a federal government institution. As of 2020, the Act allowed "people who pay $5 to request an array of federal files". Paragraph 2. (1) of the Act ("Purpose") declares that government information should be available to the public, but with necessary exceptions to the right of access that should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. Later paragraphs assign responsibility for this review to an Information Commissioner, who reports directly to parliament rather than the government in power. However, the Act provides the commissioner the power only to recommend rather than compel the release of requested information that the commissioner judges to be not subject to any exception specified in the Act.
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information.
The Information and Privacy Commissioner of Ontario was established as an officer of the Legislature by Ontario's Freedom of Information and Protection of Privacy Act, which came into effect on January 1, 1988. The current commissioner is Patricia Kosseim.
Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the Canadian Charter of Rights and Freedoms. Perhaps ironically, Canada's legal conceptualization of privacy, along with most modern legal Western conceptions of privacy, can be traced back to Warren and Brandeis’s "The Right to Privacy" published in the Harvard Law Review in 1890, Holvast states "Almost all authors on privacy start the discussion with the famous article 'The Right to Privacy' of Samuel Warren and Louis Brandeis".
Freedom of information in Canada describes the capacity for the Canadian Government to provide timely and accurate access to internal data concerning government services. Each province and territory in Canada has its own access to freedom of information legislation.
Charmaine Borg is a Canadian politician who served as the New Democratic Party Member of Parliament for the riding of Terrebonne—Blainville in Quebec from 2011 to 2015.
There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated. Privacy is, however, affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, as well as administrative arrangements.
New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights, both of which contain a right to privacy. Privacy law in New Zealand is dealt with by statute and the common law. The Privacy Act 2020 addresses the collection, storage and handling of information. A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting [2003] 3 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland [2012] NZHC 2155 the Court recognised a right to privacy in the sense of seclusion or a right to be free from unwanted intrusion. For a useful summary see: court-recognises-intrusion-on-seclusion-privacy-tort-hugh-tomlinson-qc/
The Landlord and Tenant Board is an adjudicative tribunal operating in the province of Ontario that provides dispute resolution of landlord and tenant matters under the Residential Tenancies Act, 2006. It is one of the 13 adjudicative tribunals overseen by the Ministry of the Attorney General that make up Tribunals Ontario.
Nathaniel B. Erskine-Smith is a Canadian politician. A member of the Liberal Party, he is a Member of Parliament, representing Beaches-East York. Erskine-Smith became the youngest MP to be elected in the Greater Toronto Area on October 19, 2015, after a successful grassroots open nomination in December 2014. He successfully retained his seat in the 2019 and 2021 elections.
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The Freedom of Information and Protection of Privacy Act is an Act of the Legislative Assembly of British Columbia governing the public sector. It is commonly abbreviated "FIPPA" or "FOIPPA", though other Canadian provinces such as Alberta, and Ontario, use similar FIPPA acronyms for their public sector privacy law. "BC FIPPA" can be used as an acronym for further differentiation. FIPPA holds public bodies "accountable for their information practices". The legislation defines public sector requirements for collection, use, disclosure and safeguarding of individuals' personal information, decrees individuals' right to access public sector records, including access to an individual's "own 'personal information' as well as records in the custody or control of a 'public body' "—subject to specific exemptions. FIPPA requires public bodies to "take reasonable steps to protect the privacy of personal information they hold". Independent oversight and enforcement for FIPPA rests with the Office of the Information and Privacy Commissioner for British Columbia.
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