Frequently Asked Questions (FAQ)

• What are the Access to Information and Privacy Acts
• What is the Purpose of the ATI Act
• What records fall under the Acts
• Can personal infomation be released? What is protected?

What are the Access to Information and Privacy Acts

The Access to Information Act and the Privacy Act (revised Statutes of Canada, Chapter A-1, 1985) were proclaimed on July 1, 1983.

The Access to Information Act (ATIA) gives Canadian citizens, permanent residents and corporations present in Canada, the right of access to information contained in federal government records, subject to certain specified and limited exceptions.

The Privacy Act extends to individuals the right of access to information about themselves held by the government, subject to specific and limited exceptions. The law also protects the individual's privacy by preventing others from having access to personal information and gives individuals substantial control over its collection and use.

What is the Purpose of the ATI Act

The Access to Information Act (ATIA) injects three principles into the relationship between government and the public:

• the public has a legal right of access to information contained in federal government records;
• although the government may refuse to grant access, its authority to do so is limited to the circumstances described in the ATIA as exemptions or exclusions; the burden of proving that such information is exempted or excluded rests with the institution;
• any decision by a government institution to refuse access to information can be reviewed by the Information Commissioner and, ultimately by the Federal Court.

What records fall under the Acts

Any documented material, regardless of physical form or characteristics fall under the Act. This includes anything in recorded form such as videos, cassettes, drawings, diagrams, draft documents, emails, minutes of meetings and memos.

Anything can be requested under the Acts, however, not all material is releasable.

Can personal infomation be released? What is protected?

The Privacy Act sets out the rules governing the collection, retention and disposal of personal information. It also provides a use and disclosure code for the protection of this information. This code stipulates the criteria under which information can be disclosed, including for what purposes and to whom it may be disclosed.

Personal information about an individual can only be disclosed to someone else with the consent of the individual or when one or more of the criteria set out in the Act are met.