Manual

Limitations on Access to One's Own Personal Information s.49 FIPPA / s.38 MFIPPA

This section includes the following topics:

Summary

General Exemptions

Unjustified Invasion of Another's Personal Privacy

Revealing a Confidential Source

Medical Information

Correctional Record (FIPPA)

Research or Statistical Record

Summary

Section 49 Freedom of Information and Protection of Privacy Act (FIPPA) / s. 38 Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) set out the grounds for refusing to disclose personal information to the individual to whom it pertains. The grounds are enumerated in subsections 49(a) through (f) FIPPA / 38(a) through (f) MFIPPA. When an individual seeks access to his/her personal information this section of the Act applies, not the part of the Act dealing with general exemptions or a request by a third party for access to another person's information.

The decision to refuse to disclose personal information to the individual to whom it relates is a discretionary exemption. Where this section applies, it is the record as a whole that is considered not only those parts containing the individual's own information. Individuals have greater access to their own personal information than do third parties under s.21 FIPPA / s.14 MFIPPA.

The principle of severability applies to disclosure of personal information, as it does to general information. Subsection 48(2) FIPPA / 37(2) MFIPPA allows the information which is not be disclosed to be severed pursuant to subsection 10(2) FIPPA / 4(2) MFIPPA.

General Exemptions

s.49(a) FIPPA / s.38(a) MFIPPA

An individual's right of access to his/her own personal information is subject to all the exemptions applying to general records found in Part II of FIPPA / Part I MIPPA, except for the personal information exemption (s. 21 FIPPA / s.14 MFIPPA). That exemption applies to the disclosure of an individual's personal information to a third party.

Unjustified Invasion of Another's Personal Privacy

s.49(b) FIPPA / s.38(b) MFIPPA

An individual may be refused access to his/her own personal information if disclosure would constitute an unjustified invasion of another individual's personal privacy. Subsections 21(2) and (3) FIPPA / s.14(2) and (3) MFIPPA provide the test for determining an unjustified invasion of personal privacy and guidance in interpreting this subsection.

There may be personal information about more than one individual in the same record and severing may not be feasible because the information is so intertwined. For example, severing may not be feasible because close family or business ties would allow individuals other than the requester to be identified despite the severing. In such a case, disclosure would not be possible because it would invade the privacy of individuals other than the requester.

This is a discretionary exemption and even if disclosure of personal information would be an unjustified invasion of another person's privacy, discretion can be exercised in favour of disclosure. Section 28 FIPPA / s.21 MFIPPA requires the head to notify the individual whose personal privacy may be invaded as a result of disclosure of the records. (See Notices to Affected Third Parties in Chapter 3 (Access Procedures)).

Revealing a Confidential Source

s.49(c) FIPPA / s.38(c) MFIPPA

An individual may be refused access to his/her own personal information when:

1) the personal information is evaluative or opinion material;

2) the personal information was compiled solely for the purpose of determining suitability, eligibility or qualifications for employment or for the awarding of government contracts and other benefits;

3) the information was supplied to the institution in circumstances where it may reasonably have been assumed that the identity of the source would be held in confidence;

4) the disclosure of the record would reveal the identity of the source of the information.

Each element of the four-part test must be satisfied in order for the exemption to apply. Further, the exemption only applies to information that would reveal the identity of the source.

"Evaluative" and "opinion" means a personal or subjective interpretation of objective facts (e.g. test scores, ratings and grades). The phrase "information furnished to the institution" may indicate a source within as well as outside the institution. "Other benefits" includes the conferring of awards, grants or similar benefits.

Medical Information

s.49(d) FIPPA / s.38(d) MFIPPA

The institution may refuse to disclose to an individual his/her own personal information where the disclosure could reasonably be expected to prejudice the individual's mental or physical health. It is intended that this provision only be applied in circumstances when disclosure could cause injury or prove detrimental to the individual's mental or physical health. It is not intended as a general provision for withholding access to medical information. Wherever possible, an individual should be granted access to his/her medical information.

Consultation with an appropriate health care professional may be advised to determine whether there is a reasonable expectation of prejudice to the individual's mental or physical health. When the information is disclosed to the requester, the institution may also wish to have the health care professional present to provide explanations and answer questions.

Correctional Record (FIPPA)

s.49(e) FIPPA

The head may refuse to disclose personal information in a correctional record to the individual where disclosure could reasonably be expected to reveal information received in confidence.

Correctional records, such as those of inmates in correctional facilities, may contain personal information that identifies informants or may contain information related to active law enforcement investigations. The head may refuse to disclose the individual's personal information if it would reveal the identity of a source or reveal investigative or other information supplied in confidence.

Subsection 14(1)(d) FIPPA provides a similar exemption for law enforcement records. Subsection 14(2)(d) provides an exemption for records containing information about persons under the control or supervision of a correctional authority.

Research or Statistical Record

s.49(f) FIPPA / s.38(e) MFIPPA

An individual may be refused access to his/her own personal information if the information was collected and used exclusively for a research or statistical purpose not directly affecting the individual. If the information is used or disclosed for any other purpose, this exemption can not be relied on to withhold it from the person to whom it pertains. 

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