The University of Prince Edward Island (UPEI) student union is calling on their provincial government to include post-secondary institutions in the province’s Freedom of Information and Protection of Privacy Act (FIPPA).
The acts in all other provinces include universities and other post-secondary institutions.
Because UPEI is the only university in the province, it is also the only university in Canada that does not allow access to information through provincial FIPPA legislation.
Lucas MacArthur, president of the UPEI student union, said they believe “public money should equal public access.” According to MacArthur, the university receives roughly half of its operating budget from the province.
“It’s a matter of principle,” MacArthur said. “We don’t believe that there’s any wrongdoing happening within the university.”
Freedom of Information requests at UPEI currently go through the university’s privacy officer, Mark Leggott. According to Leggott, requesting information from the university follows the same process as it would under provincial legislation.
“Individuals can submit a request, and we have a review process where we always try to disclose unless there are good reasons for not disclosing,” he explained.
However, MacArthur said the process of submitting a Freedom of Information request to the university is “not very clear.”
He also said there is no way to challenge denied requests, indicating that under FIPPA legislation, appeals can be made.
“That doesn’t happen at the university [of PEI],” said MacArthur.
Leggott said this is not entirely true.
“If you submitted a request to me and it was denied, you could send a message to the provincial ombudsman or the provincial Privacy Commissioner . . . They would get in touch with me and we would potentially reconsider,” he explained.
UPEI is currently looking at a new privacy policy, which was drafted by Leggott. The new policy would “allow for appeal to the chair of the Board of Governors,” Leggott explained.
A $5 application fee is required to file a Freedom of Information request under provincial FIPPA legislation. According to Leggott, requests made to UPEI using the university’s current process don’t require a fee.
MacArthur said the student union is looking forward to starting a discussion about amending the act.
Like the rest of Canada, privacy policy at Carleton is regulated under Ontario’s FIPPA.
According to the website of the Carleton Privacy Office, informal or formal requests can be made to the office, and a $5 fee must accompany formal requests.
If a request for information at Carleton is denied, an appeal can be made to Ontario’s Privacy Commissioner.
Appeals require a $10 or $25 dollar fee, depending on the nature of the request, according to the privacy office website.
Members of the UPEI student union will meet with Janice Sherry, the Minister of Environment, Labour and Justice, on Nov. 27.
