March 11, 2021
Province Moves to Protect Privacy While Enhancing Transparency Following Review of Information and Privacy Legislation
The Manitoba government is acting on comments and recommendations heard during a review of two important pieces of information and privacy legislation, Health and Seniors Care Minister Heather Stefanson and Legislative and Public Affairs Minister Kelvin Goertzen announced today.
“We have always maintained a spirit of openness and transparency, with the goal of providing timely access to information, while ensuring personal information is protected,” said Goertzen. “Following a detailed review of our legislation, we have proposed changes that will balance the needs of external stakeholders and the public, with the ability of public bodies’ and trustees to administer the acts.”
Proposed amendments to both the Personal Health Information Act (PHIA) and the Freedom of Information and Protection of Privacy Act (FIPPA) include mandatory breach notification where there is a real risk of significant harm to an individual; a requirement to make public out-of-province travel expenses from Crown corporation board members and chief executive officers, authorizing an employee to report suspected contraventions of the acts to the Manitoba ombudsman; a requirement for public reporting on the summary of respectful workplace complaints and investigations, and changes respecting offences and prosecutions.
“The government understands the damage a privacy breach may cause an individual. Mandatory breach notification will increase accountably and assist in lessening any harm to an individual,” said Stefanson. “The protection of personal information is paramount and these amendments to PHIA legislation will ensure that protection continues.”
The government is committed to making more information available to the public on the Open Information and Open Data websites. The amendments to FIPPA would increase transparency by requiring government departments and other public bodies to publicly disclose certain types of information such as mandate letters, expenses, briefings, summaries of access to information requests and other information.
Additional amendments would include provisions to assist public bodies in responding to access requests by clarifying procedures and providing additional time for responding when required.
FIPPA came into force in 1998 and was significantly amended in 2011. FIPPA provides a right of access to information in records held by public bodies. It also protects personal information by setting rules for the collection, use and disclosure by public bodies.
PHIA came into force in 1997 and addresses the protection and management of personal health information. The legislation provides individuals access to their own personal health information and ensures appropriate protection of that information from unauthorized use or disclosure.
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