The Role of the Information and Privacy CommissionerThe Information and Privacy Commissioner is an independent officer of the Legislative Assembly appointed by the Legislature for a term of five years. The Commissioner may be removed only by a vote of the Legislature.
The Commissioner will accept appeals, known as Requests for Review, from applicants or third parties who are not satisfied with a response to a request to correct, or a request for access to information under the Health Information Act (HIA) or the Freedom of Information and Protection of Privacy Act (FOIPP Act). The Commissioner also accepts and investigates privacy complaints. The Commissioner may first attempt to resolve the issues between the parties.
Once a review has concluded and the Commissioner has considered the law and the arguments of both parties the Commissioner will make a decision that may include a recommendation or an order requiring the public body to do something. The Commissioner has the power to make final and binding orders.
The Commissioner's order is final; however, the parties (e.g. the applicant, the public body or custodian, or a third party) may make an application for judicial review to the Supreme Court of Prince Edward Island.
The Commissioner is responsible for the overall administration of the Commissioner's office. The Commissioner reports annually to the Speaker of the Legislative Assembly on the work of the Commissioner's office and matters relating to access to information and protection of privacy, as the Commissioner considers appropriate.