Come Monday morning, the general public will have gained greater access to information at Western.

The provincial Freedom of Information and Protection of Privacy Act (FIPPA) kicks in June 10 and for the first time legislation will broadly guide how information is protected or made available on request.

Faculty and staff members will need to become aware of what the Act entails and be prepared to handle requests for information, says university Archivist Robin Keirstead, of Western's Freedom of Information and Privacy (FOIP) Advisory Committee.

In an institution that collects a great deal of personal information, at the same time it is publicly accountable for taxpayer support, every employee has a role in understanding and carrying out the intent of the law.

"It's not a case of we have to stop doing things, but rather just do them differently," he says. "There'll be no fundamental difference in our approach, but certain practices will need change and there'll be inconveniences in some ways for faculty and staff, as well as perhaps students and the general public."

If staff and faculty have been giving out information in the past they should continue to do so, but when it comes to personal information they need to think twice.

"When in doubt, ask before you jump," he says.

An example of how the law could affect Western includes the posting of student marks. While marks have long been posted publicly with student numbers, this may no longer be acceptable.

Another aspect of the law suggests professors may need to begin archiving certain types of student communication.

This is the first time Ontario universities as a whole have been subject to legislative requirements. The intent of the law is to continue - and if possible enhance - free flow of information through informal channels.

Keirstead says when FIPPA was first introduced in the late 1980s, post-secondary educational institutions were intended to be part of the legislation.

Why they are being amalgamated now is a combination of factors, he says.

"It's a sign of the times, part of the government's desire for broader accountability, and perhaps a perception that some institutions have not been as forthcoming as others with information," he says.

A formal request for information to the university must be submitted in writing, make reference to FIPPA or a legal right of access, provide sufficient detail to enable staff to identify relevant records and include the prescribed $5 request fee.

Universities in several other provinces - including British Columbia, Alberta, Manitoba, Quebec and Nova Scotia - have been subject to similar legislation for a number of years.

"It's not that black and white," says Keirstead. "It's about a balancing act of the public's right to information and the university's right to confidentiality. "

He adds the translation of the Act from provincial government ministries to post-secondary institutions will need a transition period, noting it will be "an ongoing learning experience" for the university.

Western has established a Freedom of Information and Privacy (FOIP) Advisory Committee that is responsible for implementation planning and addressing ongoing requirements associated with compliance. Faculties and major administrative units have appointed liaison officers who are working with FOIP to deal with the new legislation.

Is the York University Development Corporation (YUDC) exempt from the new Freedom of Information laws that come into effect on June 10?
York Professor David Noble believes that is not the case, despite comments to the contrary made at a recent Board of Governors' (BOG) meeting by Harriet Lewis, university secretary and legal counsel.

"Harriet Lewis, at the last Board of Governor's meeting, mistakenly assured the BOG that the YUDC would not come under the FOI Act," Noble said.

Under the Freedom of Information and Protection of Privacy Act, universities across Ontario are expected to keep all administrative documents available for public viewing.

"The amendments to the Freedom of Information and Protection of Privacy Act bring ?educational institutions' under the legislation.
"An educational institution is defined as ?an institution that is a board of governors of a college of applied arts and technology or that is a university," explained Lewis.

The YUDC is a separate, incorporated institution from York, she added.

"While the university is a shareholder of that corporation, the YUDC entity itself is not an educational institution, and thus as an entity, it is not subject to FOI."

Noble thinks YUDC is not exempt from the new FOI laws, which will include universities (the previous Act did not), due to a court case he currently has pending in British Columbia against Simon Fraser Univentures, which is a company similar to YUDC at Simon Fraser University.

"I went to the privacy commissioner and the commissioner realised this was a big deal," Noble said, adding that other universities in B.C. are waiting for the decision from the commissioner as well.

Noble is confident his court case in B.C. will show that he is in the right, and said that the decision will set a precedent for all university development corporations. He can also foresee the same thing happening in Ontario.

"A request is going to be made for YUDC and it will be denied; it will be appealed. We'll go to an adjudicator and then we'll be in the same situation as B.C.," he said.

"I think we'll prevail. It took four years to get the universities under the Act, but we prevailed."

Noble plans to file FOI requests on the YUDC, although he wouldn't detail what his specific requests would be to Excalibur. Noble will also be setting up a new committee to assist people wishing to file FOI requests against the university. York Public Access will inform people on the process of an FOI request and help them throughout it. He said York Public Access will be setting up FOI workshops in the fall.