Statutes that apply in Manitoba
Manitoba relies on a combination of federal and provincial laws:
- PIPEDA applies to most private-sector organizations in Manitoba.
- FIPPA covers the provincial government, municipalities, school divisions, universities, and health authorities.
- PHIA covers health trustees, including Shared Health and regional health authorities, physicians, and pharmacies.
- The Personal Information Protection and Identity Theft Prevention Act (PIPITPA) was passed in 2013 but has never been proclaimed into force, so PIPEDA continues to apply to the private sector.
The Ombudsman's role
The Manitoba Ombudsman investigates privacy complaints under FIPPA and PHIA and can make recommendations; if a public body does not act on a recommendation, the matter can be referred to the Information and Privacy Adjudicator, who can issue orders.
The Ombudsman also runs the Access and Privacy Division, which provides educational guidance and publishes investigation reports.