What records of post-secondary institutions are subject to the FOIP Act?
• All records that are in the custody or under the control of the post-secondary institution are subject to the FOIP Act (section 4(1)) unless a specific exclusion applies. • A post-secondary institution has custody of a record when the record is in the possession of the institution. This includes situations where the records of a third party are kept on the premises of an institution. • A record is under the control of an institution when it has the authority to manage the record, including restricting, regulating and administering its use, disclosure and disposition.
