Yukon Information and Privacy Commissioner
Work we've done
Inquiry/Adjudication Reports, Decisions, Investigation Reports and Case Summaries are published on our website to inform the public and public bodies about how to interpret and apply the Access to Information and Protection of Privacy Act. Personal information has been removed to protect privacy.
In order to assist you with determining which Report relates to which section of the Act we've created a Sectional Decision Index.
Adjudication & Inquiry Reports
Inquiry # ATP20-24R and ATP20-25R to the Department of Environment, February 13, 2023.
The IPC made 2 recommendations. The department accepted one recommendation and rejected the other.
Investigation # ATP-ADJ-2022-04-133 to the Department of Economic Development, October 26, 2022.
The IPC made 12 recommendations. The department accepted four recommendations, partially accepted six recommendations, and rejected two recommendations.
Investigation # ATP-ADJ-2022-02-053 to the Department of Environment, August 5, 2022.
The IPC recommended that all the requested information be released to the complainant. The department did not accept the recommendation.
Investigation Report to the Department of Highways and Public Works, June 22, 2022, regarding access to vehicle collision records.
The IPC made 2 recommendations. The Department did not accept either of them.
Investigation Report ATP-ADJ-2022-02-044 to the Department of Education, June 14, 2022, regarding a complaint about the use of video surveillance in a Yukon school.
The IPC made 4 recommendations. The Department did not accept any of them.
Investigation Report ATP-ADJ-2021-07-081 to the Department of Justice, December 3, 2021 – recommendation partially accepted.
Inquiry Report ATP20-07R to the Department of Environment, October 6, 2021 - recommendation deemed refused.
Inquiry Report ATP18-63R to the Department of Justice, May 21, 2021 - recommendation refused.
Inquiry Report ATP20-06R to the Department of Environment, March 22, 2021 - recommendations deemed refused.
Inquiry Report ATP18-25R to the Department of Community Services, November 15, 2019 - recommendation accepted.
Inquiry Report 2 ATP16-031AR to the Department of Environment, September 5, 2019 - recommendation accepted.
ATP18-16R, ATP18-17R and ATP18-38R to the Department of the Environment, July 26, 2019 - recommendation accepted.
ATP18-03R & ATP19-99R to the Public Service Commission, July 3, 2019 - recommendation accepted.
Inquiry #ATP17-36R to the Department of Community Services, November 13, 2018 - recommendations accepted.
Inquiry #ATP16-031AR to the Department of Environment, September 18, 2017 - recommendations accepted.
Attached also: Summary of the Report
Inquiry #ATP16-015AR to the Department of Education, February 2, 2017 - recommendation accepted.
Attached also: Summary of the Report
Inquiry #ATP16-004AR to the Department of Tourism and Culture, December 2016 - recommendations accepted
Attached also: Summary of the Report
Inquiry #ATP15-055AR to the Department of Justice, June 2016 - no recommendations made.
Attached also: Summary of the Report
Inquiry #ATP15-037AR to the Department of Justice, May 2016 - no recommendations made.
Attached also: Summary of the Report
Inquiry #ATP13-037AR to the Department of Community Services and the Records Manager, August 2014 - recommendations accepted.
Inquiry #ATP11-029AR to the Department of Energy, Mines and Resources, August 2013 - no recommendations made.
Inquiry #ATP11-003AR to the Department of Health and Social Services, July 15, 2011.
Inquiry #ATP10-033AR to the Public Service Commission, September 2012.
Inquiry #ATP10-021AR, ATP10-022AR, ATP10-025AR, and ATP10-026 AR to the Department of Justice and the Department of Energy, Mines and Resourcs, May 2012.
Inquiry #ATP10-019AR to the Yukon Energy Corporation, April 2012.
Inquiry #ATP09-003AR to the Public Service Commission, March 2012.
Inquiry #ATP08-008AR to the Public Service Commission, April 2010.
Inquiry #ATP08-013AR to the Department of Finance, August 2009.
Decisions
Decision #ATP18-63R, July 27, 2020, to the Department of Justice.
Attached also: Submissions
Decision #ATP18-02D, May 3, 2019.
Decision #HIP17-08I to the Yukon Hospital Corporation, November 14, 2017.
Decision #HIP16-02I to the Department of Health and Social Services, October 6, 2017.
Decision #ATP12-037AR to the Department of Justice, May 15, 2013.
Decision ATP13-001AR to the Department of Justice, February 7, 2013.
Decision #ATP12-031 Section 43, to the Department of Justice, October 2012.
Investigation Reports
Investigation #ATP16-22I to the Public Service Commission, October 24, 2018 - recommendations accepted
Investigation #ATP15-053AI to the Department of Justice, May 2016 - three out of the four recommendations accepted. One recommendation refused.
Attached also: Summary of the Report
Investigation #ATP14-049AI to the Department of Justice, August 2015 - recommendations accepted.
Investigation #ATP14-058AI to the Department of Health and Social Services, July 2015 - recommendations accepted.
Investigation #ATP11-023AI to the Department of Highways & Public Works, March 2015 - recommendations accepted.
Investigation #ATP14-029AI to the Public Service Commission, February 2015 - recommendations accepted.
Investigation #ATP14-017AI and ATP14-019AI to the Public Service Commission and Records Manager, July 2014 - recommendations accepted.
Investigation #ATP11-002AI to the Department of Health and Social Services, October 211 - no recommendations made.
Case Summaries
Case Summary ATP14-001, June 5, 2014.
Comments
The following are written submissions that the IPC has made to government on specific pieces of Legislation or Programs.
The Information and Privacy Commissioner provides her comments about the new identification requirments under the Elections Act.
The Information and Privacy Commissioner comments on the development of the Health Information Privacy and Management Act (HIPMA) Regulations.
Attached also: Letter to Minister Mike Nixon.
The Information and Privacy Commissioner's Comments to amend the Access to Information and Protection of Privacy Act.
Attached also: Letter to Minister Scott Kent; Appendix A,Technological Legislative Amendments; Appendix B, Privacy Commissioners' Powers; and the 2014 Letter to Minister Istchenko.
IPC urges government to amend the Access to Information and Protection of Privacy Act (ATIPP Act) to include a public interest override provision.
Letter to Minister Istchenko - April 3, 2014
Information and Privacy Commissioner's Comments on Bill No. 48, act to amend the Access to Information and Protection of Privacy Act.
November 6, 2012
Joint Letter from IPCs on open government to the President of the Treasury Board - January 20, 2012
Designation of Public Bodies under the Access to Information and Protection of Privacy Act.
Written submission - June 30, 2011
Bill No. 81 Victims of Crime Act.
Letter to Dennis Cooley - April 16, 2010
Written submission - February 11, 2009
Annotated bibliography - May 28, 2009
Letter to Glen Hart - April 30, 2009
Written submission - December 23, 2008
Written submission - December 15, 2008
Written submission - May 2, 2008
Letter to Legislative Assembly - April 16, 2008
Programs and Projects
October 4, 2010
Written submission - June 30, 2010
Canadian Institute for Health Information and Reach (CIHI) draft privacy policy
Letter to Ann Cavoukian, September 22, 2009
Letter to Stuart Whitley - April 14, 2009
Leter to Stuart Whitley - March 30, 2009
Letter to Stuart Whitley - February 26, 2008
Joint resolutions
The Canadian Information and Privacy Commissioners have unanimously issued the following Resolutions/Position Papers to the federal government and each provincial/territorial government to raise awareness and speak with one voice to the public and governments about these very important issues:
Resolution of Canada's Information and Privacy Commissioners and Ombudspersons - October 2013.
Resolution of Canada's Information and Privacy Commissioners - September 2010.
Resolution of Canada's Information and Privacy Commissioners expressing their commitment to work together to improve the state of online privacy for children and young people - June 2008.
Speeches
Whitehorse Chamber of Commerce Speach - September 25, 2013.
Relevant FAQs
- Is the Information and Privacy Commissioner part of government?
No, the Information and Privacy Commissioner (IPC) is an independent officer of the Yukon Legislative Assembly and is, therefore, not part of the Yukon government.
In Yukon, the IPC is the same person as the Ombudsman and the Public Interest Disclosure Commissioner. Click on each role for more information.
The IPC is responsible for monitoring compliance with the Health Information Privacy and Management Act (HIPMA) and the Access to Information and Protection of Privacy Act (ATIPP).
ATIPP applies to Yukon public bodies, such as Yukon government departments. HIPMA applies to custodians (see ‘What is a custodian?’). For more information about HIPMA see the HIPMA FAQ section.
The IPC has a number of responsibilities under these Acts and has broad authority to investigate complaints made, including the power to compel production of records and witnesses. Under ATIPP and HIPMA, the IPC also has adjudicative authority which means her office can make findings of fact and law that are binding on public bodies and custodians subject to the Acts.
- When does the IPC hold an Adjudication under ATIPP?
Most complaints initially proceed to Informal Case Resolution (ICR) to try to settle the issues for review. Where a complaint is not completely settled during informal case resolution, a party can ask the IPC to conduct an adjudication. The IPC has discretion to decide whether to proceed to adjudication.
The IPC may initiate her own investigation, known as an own motion investigation, on a decision or matter that the commissioner reasonably believes could be the subject of a complaint.
- What happens in an adjudication?
An adjudication is the final stage in a complaint investigation and is a formal process conducted by the IPC. The parties to an adjudication are entitled to make representations to the IPC about the issues identified for adjudication. In most inquiries, the representations are made in writing and the parties do not appear before the IPC.
If the IPC decides to proceed to adjudication, a notice of adjudication is issued to the parties. The notice of adjudication outlines the next steps in the adjudication. The notice of adjudication will confirm:
- the parties to the adjudication,
- the sections of the ATIPP Act that will be considered,
- the issues for adjudication,
- the timeline for notifying the IPC of any preliminary objections to the adjudication,
- the schedule for delivery and exchange of initial and reply submissions from the parties, and
- a deadline for requesting the IPC’s approval for “in camera” submission material.
At the adjudication, the IPC considers the Fact Report prepared by the Investigation and Compliance Review Officer from the Informal Case Resolution (ICR) team, the representations received from the parties, reviews any records in dispute, and decides how each issue should be resolved and makes her recommendation(s) . The IPC issues a written report to the parties setting out her findings, recommendation(s) and reasons for the findings and recommendation(s).
Some of the things the IPC can recommend are:
- the release of some or all of the information in a record
- the modification of a fee waiver
- the correction of personal information
Contact Us
We're here to help!
3162 Third Avenue, Main Floor
(corner of Third Avenue & Alexander Street)
Whitehorse, Yukon, Y1A 1G3
With the continued presence of COVID-19 in our community, our office continues to encourage the wearing of masks by all visitors to our office. If you do not have a mask, our office can provide you with a disposable one.
Follow Us:
@YukonOmbIpcPidc
@yukonombipcpidc
Omb @yukonombudsman
IPC @yukonipc
To submit a complaint or a request for review (access request) form:
Phone: 867-667-8468
Toll free in the Yukon:
1-800-661-0408 (ext. 8468)
Email*: intake@yukonombudsman.ca
For media inquiries:
Phone:867-332-4555
Email*: communications@yukonombudsman.ca