10.1 Information Availability and Privacy Protection
|Approved By: ||President|
|Original Approval Date: ||December 20, 1995|
|Date of Most Recent Review/Revision: ||September 2007 (editorial)|
|Office of Accountability: ||University Secretariat|
|Administrative Responsibility: ||Privacy Officer|
I. Information Availability
A. Approved Policies and ProceduresAll approved policies and procedures are available to all members of the university community and the public. Those responsible for implementation of a policy are responsible for ensuring that all those directly affected are aware of the policy or procedure.B. Meetings of Governing and Deliberative Bodies1. All meetings of the Board of Governors, Senate and faculty councils, including special and committee meetings, are open to all members of the university community and the public, and no person shall be excluded except for improper conduct. All documents presented or considered at these meetings are available to members of the university community and public.
2. It is the responsibility of the secretary of the meeting to keep accurate and complete minutes of each meeting and forward copies to the University Library, where they will be made available to members of the university community and public.
3. A meeting may consider a matter in a closed or in camera session when:a. a confidential matter of the university is being considered or
b. matters of a personal nature concerning an individual may be disclosed.
II. Protection of Privacy
A. Collection Use and Disclosure of Personal InformationD. Ontario's Freedom of Information and Protection of Privacy Act1. The university shall collect, record or disclose only such personal information as is either reasonably necessary to the proper administration of the university and its academic and other programs or is required by virtue of data collection or reporting requirements lawfully imposed upon the university.B. Retention and Disposal of Personal Information
2. The university shall not use or disclose personal information in its custody or under its control except:a. for the purpose for which it was obtained or compiled, or for a consistent purpose;3. Any restrictions on the disclosure of personal information do not apply to disclosure of information collected and maintained to create a public record. For example, restrictions on disclosure do not apply to information concerning whether an individual is or is not, or was or was not, registered in a particular faculty, school, or other division in a particular session, or to the fact that an individual has or has not successfully graduated on a particular date, or has or has not received particular academic or other university awards, honours or distinctions.
b. where the person to whom the information relates has identified that information in particular and has consented to its use;
c. for statistical analyses, provided that such analyses do not identify individuals or disclose other personal information; or
d. in other circumstances, where the use of the information is necessary and proper in the discharge of the university's functions and responsibilities.The university shall take reasonable precautions to protect the security of records containing personal information, shall retain such information only when necessary, and shall make reasonable arrangements for the disposal or destruction of such records when the information is no longer needed.C. Access and Correction Rights1. Subject to any exemptions from access rights, including those in this policy, every member of the faculty, staff, and student body of the university shall be granted access to records containing their personal information.D. Exemptions from Access Right
2. Every individual who is given access under this policy is entitled to:a. request correction of the personal information where the individual believes there is an error or omission and reasonable proof can be provided to substantiate the error or omission; and
b. require that a statement of objection be attached to the information reflecting any correction that was requested but not made.
Requests for correction are to be submitted to the office holding the personal information.The university may refuse to disclose personal information to the individual to whom the information relates:E. Systems of Records Containing Personal Information1. where the disclosure would constitute an unjustified invasion of another individual's personal privacy;
2. if it is evaluative or opinion materials compiled solely;a. for the purpose of determining suitability, eligibility, or qualification for employment, promotion, transfer, or for the awarding of a contract with the university;3. where it may reasonably have been assumed by the source that the evaluative or opinion material provided by the source would be held in confidence;
b. for the purpose of determining eligibility or admission to an academic program of the university;
c. for the purpose of determining eligibility or suitability for the awarding of a scholarship, bursary or other form of financial assistance; or
d. for the purpose of peer review processes related to determinations concerning issues including but not restricted to eligibility or suitability for the granting of an appointment, renewal of appointment, tenure, promotion, research grants or other benefits to members of the university community or for similar purposes;
4. where the disclosure could reveal the identity of a source who furnished information in circumstances of confidence or where it may reasonably have been assumed that the identity of the source would be held in confidence;
5. that is medical or health-related information where the disclosure could reasonably be expected to prejudice the mental and physical health of the individual;
6. that is a research or statistical record; or
7. where the matter is under investigation by the university Security Services Department.The university shall adopt written policy statements with respect to systems or collections of records containing personal information. Policy statements shall be adopted, for example, with respect to student records and employee personnel records. Such policy statements, which shall be given reasonable publicity within the university community, shall include:1. the types of personal information maintained;
2. the categories of individuals for whom records are maintained in the system;
3. the principal uses of the information and the typical categories of users to whom disclosures from the system are made;
4. any other uses and purposes for which personal information and the personal information bank is used or disclosed on a regular basis;
5. the conditions under which information may be disclosed;
6. access and correction rights and policies; and
7. the policies and practices applicable to the system with respect to storage, retrieval, retention, and disposal of personal information maintained in the system.
The university falls under the ambit of Ontario's Freedom of Information and Protection of Privacy Act. In addition to the preceding, individuals have the rights and duties set out in the Act. Where the Act and the university's policies conflict, the Act shall prevail.