Archive (Tag: duty to assist)
The Search for Personal Health Information (updated)
When a patient (applicant) makes an access to information request for their personal health information, the search for responsive records may not be as easy as just checking out the health records department. The Health Information Protection Act (HIPA) applies to all personal health information in the custody or control of a trustee regardless of... read more
Providing a Record in the Format Requested by the Applicant
Applicants often request records in a format which is convenient for their use i.e., paper, word spreadsheet, Excel or comma-separated values (CSV) or pdf. I find that public bodies are comfortable providing records in paper format but when it comes to electronic formats, they lean toward a pdf format. It appears they believe that the... read more
Duty to Assist – Ask, What Do You Need?
The Freedom of Information and Protection of Privacy Act (FOIP) and The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) since 2018, have a section on the duty to assist, it provides as follows: 5.1(1) Subject to this Act and the regulations, a government institution shall respond to a written request... read more
Absurd Results (updated)
From time to time, when interpreting and applying legislation, one can end up with a result that will be absurd. This can happen from time to time with The Freedom of Information and Protection of Privacy Act (FOIP), The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIP) or The Health Information Protection Act (HIPA). These statutes are to... read more