What are the principles or intent of the Right to Information and Protection of Privacy Act? There are five basic principles of this legislation aimed to provide an individual with an appropriate balance between access to government information and protection of the individual’s personal information. These principles are: You, the “public”, have a right of access to records held by the Town The Town must protect your personal privacy and follow rules and guidelines in collecting, using and disclosing, to others, your personal information It is your right to see your personal information held by the Town about yourself You have the right to request corrections to your personal information that is held by the Town: however, opinions cannot be changed or removed You have the right to an independent review of decisions made by the Town. This independent review is conducted by the Access to Information and Privacy Commissioner of New Brunswick’s office.
Do I have to make a RTIPPA request to obtain information from the Town? No. The Town of Oromocto routinely releases information without a formal RTIPPA request provided the information: Is not subject to exemption from disclosure Is for a reasonable number of records Does not contain personal information about other individuals.
What is personal information? Personal information is recorded information on an identifiable individual including: The individual’s name, home address or home telephone number The individual’s race, national or ethnic origin, colour or religious or political beliefs or associations The individual’s age, sex, marital status or family status An identifying number, symbol or other particular assigned to the individual The individual’s fingerprints, blood type or inheritable characteristics Information about the individual’s health and health care history, including information about a physical or mental disability Information about the individual’s educational, financial, employment or criminal history, including criminal records where a pardon has been given Anyone else’s opinions about the individual The individual’s personal views or opinions, except if they are about someone else.
If I make RTIPPA request, will I get all of the information I requested? You will receive all information that is releasable under RTIPPA. Some information may not be released if an exception to release exists in the Act. When an exemption to disclosure exists, you will be informed under which section of the Act the information is exempt. There are two types of exemptions; Mandatory which, if applicable, the Town cannot release information related to these exemptions without violating the Act Discretionary exemptions to which the Town may apply its discretion to the information when deciding whether or not to release
Is there a cost to make a formal RTIPPA request? No. There is no application fee for access to records or correction of personal information.
Do I have to give the Town my personal information? To obtain services from the Town of Oromocto, you may have to provide your personal information to the Town. The Town can collect only the personal information that is needed to provide the service.
Does the Town have to tell me for what purpose they will use my personal information? Yes. When personal information is collected from an individual, notice should be given about what use is made of their personal information, the authority for collecting this information and the name and contact information of the employee who can answer additional questions a person may have on this collection. Also, the information is to be collected directly from the individual in most circumstances but there are a few exceptions to this in the Act.
What can I do if the Town breaches my privacy? If you feel that the Town of Oromocto has breached your privacy, you have the right to request an investigation into the matter by the Town’s RTIPP Coordinator and, if not satisfied with the result of the investigation, you may request the Access to Information and Privacy Commissioner of New Brunswick to investigate the potential breach.
What is meant by the duty to assist? Employees of the Town of Oromocto, including the RTIPP Coordinator, must make every “reasonable” effort to help applicants and to respond to each applicant openly, accurately and completely subject to the restrictions and exemptions of RTIPPA.
What is clarification of request? If it is unclear what records are being required, the RTIPP Coordinator will contact the applicant for more details on the information being requested as a part of “duty to assist”. This clarification enables more accurate and complete processing of a request.
Do I have to tell the Town why I want the information? No. Under certain circumstances, it may be helpful to provide the reason, as it would enable the Town to process your request more efficiently.
What is the role of the Access to Information and Privacy Commissioner of New Brunswick? New Brunswick’s Information and Privacy Commissioner, appointed by the Provincial Legislature, oversees all aspects of the Right to Information and Protection of Privacy Act for all public bodies affected by the Act including the Town of Oromocto. The Office of the Commissioner is the independent body that reviews the application of the legislation including: Conducting reviews of decisions made by the Town of Oromocto under RTIPPA, at the request of an applicant or affected third party; Conducting investigations into complaints regarding privacy breaches, to ensure compliance with provisions of RTIPPA and compliance with rules relating to the destruction of records; Making recommendations as a result of investigations, reviews and inquiries; and Informing the public about the Act.
How to Make a RTIPPA Request How to complete a RTIPPA request using the Right to Information & Protection of Privacy form provided by the Town of Oromocto: Enter your name, address and phone number; If applicable enter company name Fax and e-mail are optional Indicate if you are requesting general or personal information indicating if you would like to examine the records or receive a copy of the records Give as much detail as possible, describe the records you would like to access, the business unit or department of the Town of Oromocto that you believe holds the records and include the time period for the records. Please sign, date and send your request to the RTIPP Coordinator. You may also submit your request in a letter provided it is in writing, stating that you are requesting the information under the Right to Information and Protection of Privacy Act.
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