Accessing Personal Information
Under FIPPA and
MFIPPA, with some exceptions, individuals have a right to access and request
correction of their own personal information held by government organizations. Under
PHIPA, with some exceptions, individuals have a right to access and request
correction of their own personal health information held by health information custodians.
For information on your right to access and/or request correction of your own personal information
held by government organizations under FIPPA and MFIPPA, please refer
to our brochure, Your Privacy and
Ontario's Information and Privacy Commissioner. For more
information on how to access personal information in the possession of provincial government
organizations, please refer to the paper, If you wanted to know…How to access your personal
information held by the province. For information on your right
to access and/or request correction of your own personal health information under
PHIPA, please refer to our brochure, The Personal Health Information Protection Act
and Your Privacy.
Under FIPPA and MFIPPA, “personal information" means recorded
information about an individual. This may include the individual’s name, address, sex, age,
education, medical or employment history – and any other information about the individual. Government
organizations collect personal information as part of their role in providing services to the public. For
example, you give personal information to a government organization when you fill out an application for
programs or services, such as a driver's license or building permit.
A Directory of Records for provincial government organizations is available for viewing online at
http://www.accessandprivacy.gov.on.ca.
The directory describes the kinds of personal information kept by each provincial government organization.
Municipal government organizations have their own directories, which should be available at offices such
as city halls, police departments and boards of education.
In many cases, you should be able to see your personal information and/or request correction of
your personal information just by calling, writing or visiting the appropriate government organization.
(If unsure of an address or telephone number, consult the Blue Pages in your telephone
directory.)
If you do not obtain the information you want, or the government organization refuses to correct
your personal information, you should make a formal freedom of information request in writing. You can
make a freedom of information request by simply following these steps:
Step 1: Complete a request form, or
write a letter stating that you are requesting information or asking for a correction of your personal
information under FIPPA or MFIPPA. (Request forms are available from
most government organizations across Ontario or you may use our generic Request
Form.)
Step 2: Forward the completed request
form or letter to the "Freedom of Information and Privacy Co-ordinator" at the government organization
most likely to have the information you are looking for.
A $5 application fee must accompany your request for access to your personal information. As
well, you may be charged for photocopying and shipping costs. No fees are charged for the time required
to locate and prepare records containing your personal information.
Government organizations that receive personal information requests under FIPPA
or MFIPPA must respond within 30 calendar days. However, under some
circumstances, government organizations may need to extend this time frame.
If a government organization refuses to correct a record of personal information, you have the
right to prepare a statement of disagreement and have it attached to the record. You also have the right
to appeal any decision made by a government organization in regards to your request for access and/or
correction of your personal information. An appeal must be made within 30 days of the government
organization making its decision. To appeal, write a letter to the Registrar at the IPC, describing
why you are not satisfied with the government organization's decision. Alternatively, you may wish to
use our Appeal
Form. This form must be completed and mailed to the
Registrar at the IPC, at the address on the form.
There is a $10 appeal fee when the appeal involves personal information. For more information on
how to file an appeal, please refer to our brochure, The Appeal Process
and Ontario's Information and Privacy Commissioner. The appeal process is
outlined in The Appeal Process
Flow Chart.
To appoint a third party (other than a lawyer) to act on your behalf during the appeal process
under FIPPA or MFIPPA, you may wish to use the form Authorization to
Act as an Agent for Appeal.
Under PHIPA, “personal health information” means identifying information about
an individual in oral or recorded form, if the information relates to the physical or mental health of
the individual. For example, personal health information includes family health history, information
about visits to your doctor and your Ontario health card number. Health information custodians collect
your personal health information during the course of providing health care services to you.
Under PHIPA, requests for access and/or correction of personal health
information should be directed to the health information custodian that holds the information.
In some cases, you may be able to see your personal information and/or request correction of your
personal information just by calling, writing or visiting the appropriate health information custodian.
However, the health information custodian may require that you make your request in writing. In making
a request to access personal health information, you may use our generic form, Request to
Access Personal Health Information (PHIPA). To make a
request to correct personal health information, you may use our generic form,
Request to Correct
Personal Health Information (PHIPA).
Health information custodians have 30 days to respond to a request. The time frame may be extended
for an additional 30 days in certain circumstances. You may be charged a reasonable cost recovery fee for
accessing your records of personal health information.
If a health information custodian refuses your request to have a record of personal health
information corrected, you have the right to prepare a statement of disagreement and have it attached to
the record. You also have the right to complain to the IPC regarding a health information custodian’s
response to your request for access and/or correction of personal health information. To complain, write
a letter to the Registrar at the IPC describing why you are not satisfied with the health information
custodian’s response. For more information on how to file this type of complaint, please refer to our
brochure, Access and
Correction Complaints - Personal Health Information Protection Act. The
complaint process under PHIPA is outlined in our Access/Correction
Complaint Flow Chart.
To appoint a third party (other than a lawyer) to act on your behalf regarding a complaint
under PHIPA, you may wish to use our form Authorization to
Act as an Agent For A Complaint under the Personal Health Information Protection
Act.