Are personal records of an employee that are located on Institution property accessible under the Act?
Generally, personal records of an employee are not covered by the Act. However, if the records of an employee relate to the operational functions of the Institute, then the records are the property of the Institute and are covered by the Act. If an employee” records are used in decision making or program activity, then they are considered to be Institute records and thus, subject to the Act. Does an applicant in a FOIP request have the right to access confidential reviews about him/herself from peers concerning a tenure application? Normally, an applicant can gain access to information about him/herself. However, in some cases, if the information was provided explicitly or implicitly in confidence by the third party, the Institute may refuse to release that information. (Section 19) If the applicant agrees to the public body approaching the third party, and the third party agrees to the release of the information to the applicant, the Institute would release it.
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