How to access records

About the Freedom of Information and Protection of Privacy Act (FIPPA)

FIPPA and its application to Durham college

The Freedom of Information and Protection of Privacy Act, 1990 is provincial legislation that applies to Ontario colleges.

Some key purposes of the Act are:

  1. To provide the public a right of access to college information subject to limited exemptions; and,
  2. To protect the privacy of individuals with respect to personal information about themselves held by the college and to provide individuals with a right of access to that information.

What is covered by the Act?

Most records in the custody or control of the college are subject to the Act and a majority of these records will be available if requested; however certain records are excluded from FIPPA’s application, such as:

  1. Most college labour relations or employment records;
  2. Records respecting college research, except the subject matter and the amount of funding related to research;
  3. Records available to the public or expected to be published within 90 days;
  4. College teaching materials.

How to access records

Informal Requests for General Information

In many cases, the information you are looking for may already be available, for example, on the college’s website.  Before making a formal request for access to information under the Act, contact the department or faculty you believe has the information you are looking for and ask if they are able to provide you the information.  If the information is readily available then the department or faculty will direct you to the information, or where appropriate, send the information to you.

Formal Requests for General Information

Durham College will only process your request if all of the following conditions are met:

  1. The request is received in writing [Request Form]. If you do not use the Request Form, make sure your written request states that the request is being made under FIPPA;
  2. The $5.00 applicable fee for your written request (cheque or cash) has been received by the Freedom of Information and Protection of Privacy Coordinator (please make cheque payable to “Durham college”); and,
  3. You have provided sufficient detail to enable an experienced employee at the college with a reasonable amount of effort, to identify the information/record you are requesting. Note: do not frame your request in the form of a question.

Mail your formal request to:
Freedom of Information and Protection of Privacy Coordinator
President’s Office, Gordon Willey Building, Room A140
2000 Simcoe Street North, Oshawa, Ontario, L1G 0C5

Typically, every reasonable effort is made to respond to your request within 30 calendar days from the date the college receives your request.  However, there are circumstances under the legislation where the college is permitted to extend the time beyond the 30 days.

There may be additional fees authorized by Ontario Regulation 460 related to your request.

Requests for Personal Health Information

To request personal health information, a written request must be sent to the Campus Health Centre.  Once a written request is received, the medical clerk will ensure the appropriate consents are in place and will then pull the relevant patient information.  The Director, Campus Health Centre (designated the custodian of personal health information) will review and give final approval on release.  The Campus Health Centre complies with the provisions of the Personal Health Information Protection Act, and will only release documents in compliance with the Act.

Student Access to Academic and Financial Records

A student may request access to his/her own information pursuant to the Access to Student Records and Protection of Privacy Policy and Procedure.  Some fees may apply.

Third Party Requests for Student Records

A student’s academic or financial records will not be disclosed without the student’s written authorization, unless required to do so by Regulation or if necessary to facilitate fundamental activities with student associations, other post-secondary institutions, government agencies or law enforcement agencies.

Requests for access to student academic and financial records from lawyer’s offices, insurance companies, credit bureaus and other legal entities must be made to the Freedom of Information and Protection of Privacy Coordinator.

All third party requests for student records must be accompanied by:

  1. A completed Third Party Request for Student Records Form,
  2. Written authorization from the individual to whom the information relates, consenting to the release of the information
  3. The required payment.

Mail your request to:
Freedom of Information and Protection of Privacy Coordinator
President’s Office, Gordon Willey Building, Room A140
2000 Simcoe Street North, Oshawa, Ontario, L1G 0C5

Resources/links

Freedom of Information and Protection of Privacy Act, R.S.O. 1990 Chapter F. 31
Regulation 459 (FIPPA, R.R.O. 1990, Regulation 459 – “Disposal of Personal Information”)

Regulation 460 (FIPPA, R.R.O. 1990, Regulation 460 – “General”)

Information and Privacy Commissioner (Ontario)