Yukon Information and Privacy Commissioner
Work we've done
Inquiry Reports/Adjudication, Decisions, Investigation Reports and Case Summaries are published on our website to inform the public and public bodies about how to interpret and apply the Access to Information and Protection of Privacy Act. Personal information has been removed to protect privacy.
In order to assist you with determining which Report relates to which section of the Act we've created a Sectional Decision Index.
Investigation Reports (ATIPPA 2018)
Investigation # ATP-ADJ-2023-05-183 to the Department of Highways and Public Works, November 6, 2023.
The IPC made 33 recommendations. The department rejected all of them.
The Department’s response to the recommendations, submitted on November 28, 2023.
Investigation # ATP-ADJ-2022-04-133 to the Department of Economic Development, October 26, 2022.
The IPC made 12 recommendations. The department accepted four recommendations, partially accepted six recommendations, and rejected two recommendations.
The Department's response to the recommendations, submitted on November 17, 2022.
Investigation # ATP-ADJ-2022-02-053 to the Department of Environment, August 5, 2022.
The IPC recommended that all the requested information be released to the complainant. The department did not accept the recommendation.
The Department's response to the recommendations, submitted on August 17, 2022.
Investigation Report to the Department of Highways and Public Works, June 22, 2022, regarding access to vehicle collision records.
The IPC made 2 recommendations. The Department did not accept either of them.
The Department's response to the recommendations submitted on July 14, 2022.
Related Court Decisions:
Court Decision 22-A0065 VinAudit Canada Inc v Yukon Govt December 21 2023
Court Decision 22-A0065 VinAudit Canada Inc v Yukon Govt July 11 2023 (preliminary issues)
An investigation report and a privacy compliance audit were issued to the Department of Education on June 14, 2022, regarding the use of video surveillance technology in Yukon schools.
The IPC made 4 recommendations. The Department did not accept any of them.
Investigation Report ATP-ADJ-2021-07-081 to the Department of Justice, December 3, 2021 – recommendation partially accepted.
The Department's response to the recommendations on December 23, 2021.
ATIPPA Compliance Audits
This compliance audit focuses on the Department of Highways and Public Works’ physical records destruction process, and its compliance with the requirements of the ATIPPA and the Regulation. The report was submitted to the Department on May 15, 2024 and they accepted all six of the IPCs recommendations.
The Department's response to the recommendations, June 6, 2024.
Privacy Compliance Audit Report ATP-CMP-2023-01-071 to the Department of Education, May 18, 2023, regarding the collection, use and disclosure of student images and video on internet platforms. The IPC made 6 recommendations. The Department accepted the IPC’s recommendations #3, 4, 5 and 6.
Department's response to the recommendations, June 9, 2023.
A privacy compliance audit was conducted and a report issued to the Department of Education on June 14, 2022, regarding the use of video surveillance technology in some Yukon schools. The IPC made 24 recommendations. The Department accepted all but recommendations 22 and 23.
The Department responded to the recommendations on July 8, 2022.
Inquiry Reports (ATIPP Act 2002)
Inquiry # ATP20-24R and ATP20-25R to the Department of Environment, February 13, 2023.
The IPC made 2 recommendations. The department accepted one recommendation and rejected the other.
Department's response to the recommendations, March 2, 2023.
Inquiry Report ATP20-07R to the Department of Environment, October 6, 2021 - recommendation deemed refused.
Inquiry Report ATP18-63R to the Department of Justice, May 21, 2021 - recommendation refused.
Inquiry Report ATP20-06R to the Department of Environment, March 22, 2021 - recommendations deemed refused.
Inquiry Report ATP18-25R to the Department of Community Services, November 15, 2019 - recommendation accepted.
Inquiry Report 2 ATP16-031AR to the Department of Environment, September 5, 2019 - recommendation accepted.
ATP18-16R, ATP18-17R and ATP18-38R to the Department of the Environment, July 26, 2019 - recommendation accepted.
ATP18-03R & ATP19-99R to the Public Service Commission, July 3, 2019 - recommendation accepted.
Inquiry #ATP17-36R to the Department of Community Services, November 13, 2018 - recommendations accepted.
Inquiry #ATP16-031AR to the Department of Environment, September 18, 2017 - recommendations accepted.
Attached also: Summary of the Report.
Inquiry #ATP16-015AR to the Department of Education, February 2, 2017 - recommendation accepted.
Attached also: Summary of the Report
Inquiry #ATP16-004AR to the Department of Tourism and Culture, December 2016 - recommendations accepted
Attached also: Summary of the Report
Inquiry #ATP15-055AR to the Department of Justice, June 2016 - no recommendations made.
Attached also: Summary of the Report
Inquiry #ATP15-037AR to the Department of Justice, May 2016 - no recommendations made.
Attached also: Summary of the Report
Inquiry #ATP13-037AR to the Department of Community Services and the Records Manager, August 2014 - recommendations accepted.
Inquiry #ATP11-029AR to the Department of Energy, Mines and Resources, August 2013 - no recommendations made.
Inquiry #ATP13-001 to the Department of Justice, February 7, 2013 - no recommendations made.
Inquiry #ATP11-003AR to the Department of Health and Social Services, July 15, 2011.
Inquiry #ATP10-033AR to the Public Service Commission, September 2012.
Inquiry #ATP10-021AR, ATP10-022AR, ATP10-025AR, and ATP10-026 AR to the Department of Justice and the Department of Energy, Mines and Resourcs, May 2012.
Inquiry #ATP10-019AR to the Yukon Energy Corporation, April 2012.
Inquiry #ATP09-003AR to the Public Service Commission, March 2012.
Inquiry #ATP08-008AR to the Public Service Commission, April 2010.
Inquiry #ATP08-013AR to the Department of Finance, August 2009.
Decisions (ATIPP Act 2002)
Decision #ATP18-63R, July 27, 2020, to the Department of Justice.
Attached also: Submissions
Decision #ATP18-02D, May 3, 2019.
Decision #ATP12-037AR to the Department of Justice, May 15, 2013.
Decision ATP13-001AR to the Department of Justice, February 7, 2013.
Decision #ATP12-031 Section 43, to the Department of Justice, October 2012.
Section 42 (ATIPP Act 2002) Investigation Reports
Investigation #ATP16-22I to the Public Service Commission, October 24, 2018 - recommendations accepted.
Investigation #ATP15-053AI to the Department of Justice, May 2016 - three out of the four recommendations accepted. One recommendation refused.
Attached also: Summary of the Report
Investigation #ATP14-049AI to the Department of Justice, August 2015 - recommendations accepted.
Investigation #ATP14-058AI to the Department of Health and Social Services, July 2015 - recommendations accepted.
Investigation #ATP11-023AI to the Department of Highways & Public Works, March 2015 - recommendations accepted.
Investigation #ATP14-029AI to the Public Service Commission, February 2015 - recommendations accepted.
Investigation #ATP14-017AI and ATP14-019AI to the Public Service Commission and Records Manager, July 2014 - recommendations accepted.
Investigation #ATP11-002AI to the Department of Health and Social Services, October 2011 - no recommendations made.
Relevant FAQs
- Is the Information and Privacy Commissioner part of government?
No, the Information and Privacy Commissioner (IPC) is an independent officer of the Yukon Legislative Assembly and is, therefore, not part of the Yukon government.
In Yukon, the IPC is the same person as the Ombudsman and the Public Interest Disclosure Commissioner. Click on each role for more information.
The IPC is responsible for monitoring compliance with the Health Information Privacy and Management Act (HIPMA) and the Access to Information and Protection of Privacy Act (ATIPP).
ATIPP applies to Yukon public bodies, such as Yukon government departments. HIPMA applies to custodians (see ‘What is a custodian?’). For more information about HIPMA see the HIPMA FAQ section.
The IPC has a number of responsibilities under these Acts and has broad authority to investigate complaints made, including the power to compel production of records and witnesses. Under ATIPP and HIPMA, the IPC also has adjudicative authority which means her office can make findings of fact and law that are binding on public bodies and custodians subject to the Acts.
- When does the IPC hold an Adjudication under ATIPP?
Most complaints initially proceed to Informal Case Resolution (ICR) to try to settle the issues for review. Where a complaint is not completely settled during informal case resolution, a party can ask the IPC to conduct an adjudication. The IPC has discretion to decide whether to proceed to adjudication.
The IPC may initiate her own investigation, known as an own motion investigation, on a decision or matter that the commissioner reasonably believes could be the subject of a complaint.
- What happens in an adjudication?
An adjudication is the final stage in a complaint investigation and is a formal process conducted by the IPC. The parties to an adjudication are entitled to make representations to the IPC about the issues identified for adjudication. In most inquiries, the representations are made in writing and the parties do not appear before the IPC.
If the IPC decides to proceed to adjudication, a notice of adjudication is issued to the parties. The notice of adjudication outlines the next steps in the adjudication. The notice of adjudication will confirm:
- the parties to the adjudication,
- the sections of the ATIPP Act that will be considered,
- the issues for adjudication,
- the timeline for notifying the IPC of any preliminary objections to the adjudication,
- the schedule for delivery and exchange of initial and reply submissions from the parties, and
- a deadline for requesting the IPC’s approval for “in camera” submission material.
At the adjudication, the IPC considers the Fact Report prepared by the Investigation and Compliance Review Officer from the Informal Case Resolution (ICR) team, the representations received from the parties, reviews any records in dispute, and decides how each issue should be resolved and makes her recommendation(s) . The IPC issues a written report to the parties setting out her findings, recommendation(s) and reasons for the findings and recommendation(s).
Some of the things the IPC can recommend are:
- the release of some or all of the information in a record
- the modification of a fee waiver
- the correction of personal information
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