Role of the Manitoba Ombudsman
The Ombudsman is an independent review officer with broad investigative, auditing and reporting powers under FIPPA. If you are not satisfied with response to your FIPPA request, you can make a complaint to the Manitoba Ombudsman's Office.
You may complain if:
- you have not received a response to your application within 30 days.
- you do not believe the extension of the response time beyond 30 days is appropriate.
- you have been denied access to all or part of the records for which you applied.
- your request for correction of your personal information has been refused.
- you believe your own personal information has been collected, used, or disclosed in violation of FIPPA.
- as a third party, you wish to contest a decision of a public body to give access to records against your wishes.
- you are the relative of a deceased person who has been refused access to that person's personal information by a public body.
Generally, the complaint must be made within 60 days after being notified of the access decision and must be on the prescribed Complaint Form.
The Ombudsman will investigate your complaint and will take steps to try to resolve it informally, to the satisfaction of the parties involved and in a manner consistent with the purposes and requirements of FIPPA. If the complaint cannot be resolved informally and is found to be supportable, the Ombudsman will make recommendations to the public body. Written notification of the Ombudsman's findings and any recommendations to the public body will be sent to you, when the investigation is completed.
The Information and Privacy Adjudicator
Amendments to The Freedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act (PHIA) proclaimed on January 1, 2011 establish the Information and Privacy Adjudicator as an officer of the Legislative Assembly.
Where a public body has not acted on the recommendations of the Ombudsman in an access or privacy complaint, the Ombudsman may refer the matter to the Information and Privacy Adjudicator for review. At the request of the Ombudsman, the Adjudicator must review a decision, act or failure to act of the head of the public body respecting access to information or the protection of privacy.
The Adjudicator has the power to make an order against a public body that has not acted on the Ombudsman's recommendations. For example, the Adjudicator could order a public body to release information that has been withheld from an applicant requesting access, or could order a public body to change the way it collects, uses or discloses personal information.