Attached you will find an update on Ontario Freedom of Information and Protection of Privacy Act (FIPPA) issues prepared by Cathy Lace and Emma Phillips, counsel with Sack, Goldblatt, Mitchell (SGM). As you may recall, OCUFA initially put together briefing and other materials related to the inclusion of Ontario universities under the requirements of the Act in 2006-8, and has provided periodic updates.
I asked staff to work with SGM late last year to prepare appropriate updated materials on FIPPA, including implementation issues, for association use.
The update emphasizes that the application of FIPPA at universities is very much evolving and that many issues still have no clear answers. The update discusses what decision-making has occurred and provides an analysis related to personal information, custody and control of records, the importance of customary practices at universities, exemptions from the Act, teaching-related records, student evaluations, access to university records, donor agreements, intellectual property rights, and the important role of faculty associations. Appended also are some suggestions for faculty associations attempting to bargain FIPPA issues in their agreements.
The attached technical analysis may be useful to association officers, grievance officers, bargaining teams, and others expected to represent members or explain the Act regarding these issues.
OCUFA staff will be preparing a more general pamphlet which associations may wish to distribute to their broader membership.
Please let me know if you have any questions or comments.
Mark Rosenfeld, Ph.D
Ontario Confederation of University Faculty Associations
83 Yonge Street, Suite 300
Toronto, Ontario, Canada M5C 1S8
Tel: 416-979-2117 x229