I have concerns about privacy under ATIPPA

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