Purpose

The purpose of this policy is to establish the principles, standards and procedures associated with providing access to public information while protecting the privacy of personal information and the confidentiality of third party information, all in accordance with the Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act, 2004 (the Acts) and regulations.

The Policy

Every person has a right of access to a record or a part of a record in the custody or under the control of the College, unless the record or part of the record contains personal information or falls within one of the exemptions provided in legislation, or unless the request for access is frivolous or vexatious. The Policy Sponsor develops, maintains and implements standards and procedures as are necessary to achieve compliance with the Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act, 2004 (the Acts) and to achieve the purpose of this policy. The provisions of the Acts and regulations supersede College Policy.

References

Freedom of Information and Protection of Privacy Act
Personal Health Information Protection Act, 2004

Addenda

Standard 1: Privacy Statement
Standard 2: Online Privacy Statement
Guideline A: Implementation

What is Personal Information?

Personal information is recorded information about an identifiable individual. Personal information includes such things as an individual's name, address, birth date, e-mail address and phone number. When the College collects personal information it must identify:
• The purpose for collecting the personal information,
• The legal authority for collecting it, and
• The title, business address and business telephone number of an administrator who can answer your questions about the collection of that information.
Information Collected Directly From You
Personal information collected, used, disclosed and retained by Fanshawe College is done so under the authority of the Freedom of Information and Protection of Privacy Act or other relevant legislation. Personal information will only be used by authorized staff, or consultants or agents engaged by the College, to fulfill the purpose for which it was originally collected, or for a use consistent with that purpose unless you expressly consent otherwise. We do not disclose your information to other public bodies or individuals except as authorized by the Act.

What safeguards are in place?

Fanshawe College is obligated to protect your personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal. Security measures have been integrated into the design, implementation and day-to-day operating practices as part of the College's continuing commitment to the protection of personal information it holds.

How long is information retained?

The length of retention will vary in relation to the nature of the service. If the College uses your personal information to make a decision that directly affects you, it must retain that information for at least one year so that you have a reasonable opportunity to obtain access to it. Information collected or created by the College shall be maintained in accordance with legislative or other record retention requirements.

How can I access and correct information?

You can review any personal information collected about you by submitting a Freedom of Information request. You may request changes or annotate your personal information if you believe it to be inaccurate by submitting a written request describing the error.

Whom to contact for more information about this privacy policy?

Any questions regarding this privacy statement or the College's Freedom of Information and Protection of Privacy policy, or for general information regarding the Act, can be directed to Finance and Administration at (519) 452-4460. If you have a complaint or concern about your personal information, please contact this office. If your complaint is not resolved to your satisfaction the Act provides a mechanism for independent review by contacting the Information and Privacy Commissioner of Ontario.

Purpose

The purpose of this document is to establish the required content of the privacy statement used in College online documents.

Introduction

Fanshawe College is committed to protecting the privacy of people whose personal information is held by the College through responsible information management practices. Any personal information provided to the College is collected, used and disclosed in accordance with the Freedom of Information and Protection of Privacy Act or other applicable legislation.

What is personal information?

Personal information is recorded information about an identifiable individual. Personal information includes such things as an individual's name, address, birth date, e-mail address and phone number. When the College collects personal information, it must identify:

• The purpose for collecting the personal information,
• The legal authority for collecting it, and
• The title, business address and business telephone number of an administrator who can answer your questions about the collection of that information.

What kind of information is being collected?

If you visit a Fanshawe College website to browse, read pages, or download information, we may gather and store certain information about the visit. The following information may automatically be collected and stored:

• The Internet Protocol Address and domain name used. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. This address can be translated to determine the domain name of your service provider (e.g., gov.on.ca; xcompany.com; or yourschool.edu);
• The type of browser and operating system;
• The date and time of the visit; and
• The web pages or services accessed.

Information collected automatically is used for purposes such as assessing system performance, improving web services and web site management. Fanshawe College does not use this data to determine your identity unless required to do so as part of an internal investigation or other law enforcement purpose.

Information collected directly from you

Personal information collected, used, disclosed and retained by a Fanshawe College website is done so under the authority of the Freedom of Information and Protection of Privacy Act or other relevant legislation. Personal information will only be used by authorized staff, or consultants or agents engaged by the College, to fulfill the purpose for which it was originally collected, or for a use consistent with that purpose unless you expressly consent otherwise. We do not disclose your information to other public bodies or individuals except as authorized by the Act.

Fanshawe College does not collect personal information about you unless you voluntarily provide it to use specific online services. However, if you choose not to provide the information required for online services you may still be able to access College services by traditional methods such as personal contact, fax or mail. Your decision not to participate in electronic service delivery activities will not impair your ability to browse the website, read or download any information provided on the site.
If you believe that your personal information is being used for a purpose other than what was intended please direct your inquiries to the contacts listed below.

What safeguards are in place?

Fanshawe College is obligated to protect your personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal. Security measures have been integrated into the design, implementation and day-to-day operating practices as part of the College's continuing commitment to the protection of personal information it holds.

How long is information retained?

The length of retention will vary in relation to the nature of the service. If the College uses your personal information to make a decision that directly affects you, it must retain that information for at least one year so that you have a reasonable opportunity to obtain access to it. Information collected or created by the College is maintained in accordance with its record retention schedules and other legislative requirements.

Links to other websites

Visitors should be aware that the College's websites may include links to websites operated by other government agencies, non-profit organizations and private businesses. When you link to another site, this privacy policy will not apply, however, you may be subject to the privacy policy of that new site, if one exists. Fanshawe College is not responsible for the privacy practices or content of external websites.

Cookies

A cookie is a small file stored on your computer by your web browser when using some internet sites. Cookies can also store personal information such as your name, e-mail address, home or work address, or telephone number. Persistent cookies can use this type of personal information to identify you whenever you access a web site. Sessional cookies are used to help you move around our web site and do not store personal information. Sessional cookies are valid only during the time you are actually using the web site.
Fanshawe College does not use persistent cookies (which may store personal information) but may use sessional cookies (which do not store personal information).

Who to contact if I have more questions about the privacy policy?

Any questions regarding this privacy statement or the College's Freedom of Information and Protection of Privacy Policy, or for general information regarding the Act, can be directed to Finance and Administration at (519) 452-4460. If you have a complaint or concern about your personal information, please contact this office. If your complaint is not resolved to your satisfaction the Act provides a mechanism for independent review by contacting the Information and Privacy Commissioner of Ontario.
 

Purpose

The purpose of this guideline is to establish procedures associated with providing access to public information while protecting the privacy of personal information and the confidentiality of third party information, all in accordance with the Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act, 2004 (the Acts) and regulations.

Definitions

FOI co-ordinator: A role assigned to the Vice-President, Finance and Administration
Personal information: Recorded information about an identifiable individual, including:
 

a. information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual,
b. information relating to the education, health or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,
c. any identifying number, symbol or other particular assigned to the individual,
d. the address, telephone number, fingerprints or blood type of the individual,
e. the personal opinions or views of the individual except where they relate to another individual,
f. correspondence sent to the College by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence,
g. the views or opinions of another individual about the individual, and
h. the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual;

Record: A record of information however recorded, whether in printed form, on film, by electronic means or otherwise, and includes:

a. Correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof; and
b. Subject to the regulations, any record that is capable of being produced from a machine readable record under the control of the College by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the College.

Regulations: Regulations passed under the authority of the Acts.

 

Guidelines

3.1. Access to Information
Every person has a right of access to a record or a part of a record in the custody or under the control of the College, unless the record or part of the record contains personal information or
falls within one of the exemptions provided in legislation, or unless the request for access is frivolous or vexatious.
3.2. Exemptions
The College may refuse to disclose a record:
3.2.1. where the disclosure could reasonably be expected to interfere with a law enforcement matter;
3.2.2. Where the disclosure could reasonably be expected to reveal information received in confidence from another government body or its agencies;
3.2.3. That reveals a trade secret or scientific, technical, commercial, financial, or labour relations information;
3.2.4. That contains information relating to specific tests or testing procedures or techniques that are to be used for an educational purpose;
3.2.5. That is subject to solicitor-client privilege; or
3.2.6. In accordance with any of the exemptions contained in the Acts and their regulations.
3.3. Personal Privacy
The College refuses to disclose personal information to any person other than the individual to whom the information relates except:
3.3.1. Upon the prior written request or consent of the individual;
3.3.2. In compelling circumstances affecting the health or safety of an individual; or
3.3.3. Otherwise in accordance with provisions of the Acts and their regulations.
In most circumstances, where the college has released personal information without the prior consent of the individual, the College notifies the individual of its release.
3.4. Personal Information
3.4.1. The College does not collect personal information unless expressly authorized by statute, used for purposes of law enforcement, or necessary to the proper administration of a lawfully authorized activity.
3.4.2. The College only collects personal information directly from the individual to whom the information relates unless:
3.4.2.1. The individual authorizes another manner of collection;
3.4.2.2. The information is collected for the purpose of determining suitability for an honour or award to recognize outstanding achievement or distinguished service;
3.4.2.3. The information is collected for the purpose of the conduct of a proceeding or a possible proceeding before a court of tribunal;
3.4.2.4. The information is collected for the purpose of law enforcement; or
3.4.2.5. Otherwise in accordance with provisions of the Acts and their regulations.
3.4.3. Where the College does collect personal information, the College informs the individual to whom the information relates of:
3.4.3.1. The legal authority for the collection;
3.4.3.2. The principle purpose or purposes for which the personal information is intended to be used; and
3.4.3.3. The title, business address and business telephone number of the responsible administrator who can answer the individual's questions about the collection.
The College may provide the information required by this section in a variety of ways, such as notices posted on the College's website, on application or other forms, or in the Student Handbook.
3.4.4. The College does not use personal information in its custody or under its control except:
3.4.4.1. Where the person to whom the information relates has identified that information in particular and consented to its use;
3.4.4.2. For the purpose for which is was obtained or compiled or for a consistent purpose; or
3.4.4.3. Otherwise in accordance with provisions of the Acts and their regulations.
3.4.5. The College does not disclose personal information in its custody or under its control except:
3.4.5.1. Where the person to whom the information relates has identified that information in particular and consented to its disclosure;
3.4.5.2. For the purpose for which it was obtained or compiled or for a consistent purpose;
3.4.5.3. Where the disclosure is made to a staff member, or consultant or agent engaged by the College, who needs the record in the performance of his or her duties and where disclosure is necessary and proper in the normal course of business;
3.4.5.4. In compassionate circumstances to facilitate contact with the spouse, a close relative or a friend of an individual who is injured, ill or deceased; or
3.4.5.5. Otherwise in accordance with provisions of the Acts and their regulations.
3.5. Right of Access
3.5.1. A person seeking access to a record:
3.5.1.1. Submits a request in writing to the office of the Vice-President, Finance and Administration using the prescribed form;
3.5.1.2. Provides sufficient detail to identify the record; and
3.5.1.3. Pays the prescribed fee.
3.5.2. Every individual has a right of access to:
3.5.2.1. Any personal information about the individual contained in a personal information bank in the custody or control of the College ; and
3.5.2.2. Any other personal information about the individual in the custody or control of the College with respect to which the individual is able to provide sufficiently specific information to render it reasonably retrievable by the College.
3.5.3. Every individual who is given access to personal information is entitled to:
3.5.3.1. Request correction of the personal information where the individual believes there is an error or omission therein;
3.5.3.2. Require that a statement of disagreement be attached to the information reflecting any correction that was requested but not made; and
3.5.3.3. Require that any person or body to whom the personal information has been disclosed within the year before the time a correction is requested or a statement of disagreement is required be notified of the correction or statement of disagreement.
3.5.4. The College may refuse to disclose to the individual to whom the information relates personal information:
3.5.4.1. Where the disclosure would constitute an unjustified invasion of another individual's personal privacy;
3.5.4.2. That is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility or qualifications for the awarding of government contracts and other benefits where the disclosure would reveal the identity of a source who furnished information to the College in circumstances where it may reasonably have been assumed that the identity of the source would be held in confidence;
3.5.4.3. If the information is supplied explicitly or implicitly in confidence and is evaluative or opinion material compiled solely for the purpose of:
3.5.4.3.1. Assessing the teaching materials or research of an employee of the College or of a person associated with the College,
3.5.4.3.2. Determining suitability, eligibility or qualifications for admission to an academic program of the College, or
3.5.4.3.3. Determining suitability for an honour or award to recognize outstanding achievement or distinguished service;
3.5.4.4. That is medical information where the disclosure could reasonably be expected to prejudice the mental or physical health of the individual; or
3.5.4.5. For any other reason as permitted or required under the Acts and their regulations.
3.6. Storage and Disposal of Records
3.6.1. All reasonable steps are taken to protect the security and confidentiality of personal information during its collection, storage, transportation, handling and destruction.
3.6.2. All reasonable steps are taken to ensure that when personal information is to be destroyed, it is destroyed in such a way that it cannot be reconstructed or retrieved.
3.6.3. Information collected or created by the College is maintained in accordance with legislative or other record retention requirements.
3.6.4. The College at its discretion may choose to destroy records it is no longer obliged to protect and retain.
3.7. Interpretations
3.7.1. Where necessary, the Privacy Statement (attached as Standard 1) or the Online Privacy Statement (Standard 2) may be used in College publications and elsewhere as appropriate.
3.7.2. The FOI co-ordinator administers interpretations of this policy.
3.7.3. Any decision regarding access to information or correction of personal information may be appealed to the Information and Privacy Commissioner of Ontario by filing an appeal and providing payment of the prescribed fees within prescribed timelines.
 

Fanshawe College Foundation

Board of Director's Policy Manual

Category D- Board-Operational Expectations

Title: Freedom of Information and Protection of Privacy
Effective: 2015-07-14
Next Review: 2020-07-14
Policy Sponsor: Vice-President, Finance and Administration
Ref Cttee: Senior Leadership Council
Approvals: 2009-3-04/AC-08-05