The standard practice of the Board, is in the adjudication and ongoing management of compensation claims, is that the claim file is the master record for recording all information with respect to a claim. Whatever is done on the claim file and whatever evidence is used in the adjudication process must be recorded or placed on file. When obtained by the Adjudicator or other Board officer, the opinions of both outside physicians and Board Medical Advisers, as well as any further comments on the part of the Adjudicator or other Board officer, are all recorded on, and become part of, the claim file.

Sensitive personal information that is received, which has not been specifically requested and which is not relevant to the adjudication of the claim shall be returned to the sender and shall not become part of the claim file. The decision as to whether information received is sensitive or irrelevant shall be made by a Manager.

Discretion is necessary in documenting the file to ensure that rumour or innuendo is not mistakenly reported as fact where it is unsupported or cannot be verified. Board staff members should confine their file comments regarding claimants, employers and other persons involved in the claim to relevant matters which they have observed personally or for which there is other supporting evidence. They should confine their observations to the particular circumstances of the claim or other matter and should not make general comments about an individual's personality. They should word their comments in the least offensive way possible and avoid derogatory terms.

Section 28 of the Freedom of Information and Protection of Privacy Act states:

Accuracy of personal information

28. If an individual's personal information will be used by a public body to make a decision that directly affects the individual, the public body must make every reasonable effort to ensure that the information is accurate and complete.

SUMMARY OF SECTION 28

Section 28 requires that public bodies ensure that the personal information they collect in order to make decisions about people is correct and comprehensive.

A "decision that directly affects the individual" is one that has an immediate impact on the person's life. The meaning of the term is interpreted broadly and includes decision-making processes internal to a public body, for example, determining whether a person is entitled to a benefit (e.g., social assistance, student loan) or a service (e.g., medical care) or whether a person is suitable for a government job.

"Every reasonable effort" is an effort which a fair and rational person would expect to be done or would find acceptable. The use of "every" indicates that a public body's efforts are to be thorough and comprehensive and that it should explore all avenues in verifying the accuracy and completeness of the personal information.

The Board has gone on record stating:

It is the WCB's usual practice to annotate, in red ink, the original document with the correction requested, adding the date that the annotation was made, and the initial of the FIPP analyst making the annotation.... As well a separate ‘red-dot’ folder is placed in the claim file marked ‘Freedom of Information and Protection of Privacy Act Corrections and/or Annotations,’ and a full copy of the applicant's letter requesting correction is placed in that folder.

Section 29 of the Freedom of Information and Protection of Privacy Act states:

Right to request correction of personal information

29. (1) An applicant who believes there is an error or omission in his or her personal information may request the head of the public body that has the information in its custody or under its control to correct the information.

(2) If no correction is made in response to a request under subsection (1), the head of the public body must annotate the information with the correction that was requested but not made.

(3) On correcting or annotating personal information under this section, the head of the public body must notify any other public body or any third party to whom that information has been disclosed during the one year period before the correction was requested.

(4) On being notified under subsection (3) of a correction or annotation of personal information, a public body must make the correction or annotation on any record of that information in its custody or under its control.

SUMMARY OF SECTION 29

Section 29 gives applicants the right to ask a public body to change their personal information where it is wrong or to provide new information where it is missing. This section also requires a public body to annotate an applicant's personal information in cases where she or he has requested a correction but the public body has refused to correct the information.

It ensures that all other persons or organizations that have received copies of the information within the previous year are informed of the correction or annotation so that they can update their own records. Section 29 also requires public bodies that receive a notification of a correction or annotation of personal information to correct or annotate that information in their custody or under their control.

Subsection 29(1)

9.(1) An applicant who believes there is an error or omission in his or her personal information may request the head of the public body that has the information in its custody or under its control to correct the information.

An "error" is mistaken, misleading or wrong information or information that does not reflect the true state of affairs.

An "omission" is information that is incomplete or missing or that has been overlooked.

In its custody or under its control

"Custody" for the purposes of the Act means having physical possession of a record even though the public body does not necessarily have responsibility for the record. Physical possession normally includes responsibility for access, managing, maintaining, preserving, disposing and providing security.

"Control" of a record means the power or authority to manage, restrict, regulate or administer the use or disclosure of the record.

To correct the information

A public body may sometimes "correct" a record by physically changing the record to destroy the original, incorrect, information. This type of correction is appropriate only where the public body has not used or disclosed the incorrect information in any way that affects the individual the information is about. More commonly, a public body corrects a record by clearly marking the original information as incorrect and attaching the correct information to the record.

Subsection 29(2)

29.(2) If no correction is made in response to a request under subsection (1), the head of the public body must annotate the information with the correction that was requested but not made.

To "annotate" is to add explanatory notes to a record such as a letter, book or document. An annotation under the Act could be a letter or written statement in which the applicant disputes the facts as presented or disagrees with an opinion expressed by another person about the applicant. Alternatively the applicant could submit a copy of the disputed record, annotated by hand.

Correction ... requested but not made

A public body may refuse or be unable to make the correction which the applicant requests, either because the applicant has not submitted adequate proof in support of the requested correction or because the information is such that it cannot be corrected.

Two types of information are likely to be the subject of correction requests: factual information, which can be corrected if wrong and if the proper proof is available, and opinions, which are subjective and do not lend themselves to correction in most cases.

Factual information

The applicant must submit proof in support of the correction where he or she claims that specific items of information are wrong. The proof should normally be of the same quality as that required when the personal information was originally collected (for example, an original birth or baptismal certificate where proof of the applicant's age is necessary to prove entitlement to a benefit). Where the public body is not satisfied with the proof presented, it does not change the information but annotates it.

Opinions

It is not usually possible to correct an opinion, since an opinion is a subjective assessment or evaluation of a person's abilities, performance or other characteristics.

In these cases, the public body attaches to the file a statement to the effect that the applicant does not agree with the assessment given by the other person.

Opinions based on wrong or incomplete information

There may be cases where an opinion was based on wrong information; in these cases, the individual who originally gave the opinion may revise the opinion.

Subsection 29(3)

29.(3) On correcting or annotating personal information under this section, the head of the public body must notify any other public body or any third party to whom that information has been disclosed during the one year period before the correction was requested.

Notify any other public body or any third party

The Act obliges public bodies to inform other public bodies, groups of persons or organizations that have received an applicant's personal information from the public body in the year prior to the request for correction that the applicant has requested a correction or annotation.

This ensures that these other organizations have accurate and complete information for their own decision-making processes.

It follows that, in order for public bodies to know whom to notify of a correction or annotation, they keep records of any disclosures they make to other public bodies or to third parties.

Subsection 29(4)

29.(4) On being notified under subsection (3) of a correction or annotation of personal information, a public body must make the correction or annotation on any record of that information in its custody or under its control.

Make the correction or annotation

A public body which receives a notice of correction or annotation of personal information must either physically make the correction or annotation or attach a record of the correction or annotation to the file.

However it is done, the public body must ensure that the correction or annotation is always retrieved with the original information.

The attached documentation requesting correction of personal information is to be dealt with in strict accordance with all applicable legislation, policies, and procedures.

Attached documentation is identified as :

Upon completion I am requesting notification detailing the manner in which the request was applied, at which time a file review will be arranged to verify compliance.