Access to Letters of Reference

Guidelines on Access to Letters of Reference for Admission to a Program of Study

These guidelines apply to letters of reference for admission to all faculties, including Undergraduate Studies and Graduate Studies, at the University of Alberta.

In Order F2000-029, the Alberta Information and Privacy Commissioner found that letters of reference for admission to a program at a post-secondary institution should be released to the subject of the letter without the requirement of a formal request under the former Freedom of Information and Protection of Privacy Act (FOIP Act).

A letter of reference used for both admission and an award cannot be withheld in response to an access request. The fact that it was used for admission would mean that it would likely need to be released to the applicant.

The Commissioner's Order is silent on the matter of references in support of scholarships. Such letters of reference would need to be released to an applicant if the same letter was used for admission. If the letters are unique to the award, the letters may not be released to an applicant. Access to letters of reference for the purposes of awards or benefits should still follow formal Access to Information Act (ATIA) application procedures. Decisions will be made on a case-by-case basis by the Information, Privacy and Records Management Office (IPRMO).

Process

Notification should be provided to all referees providing references for applicants to a program of study that a copy of the reference will be provided to the student upon request. Such a request does not require a formal application for access to information under the ATIA.

When the University or a department of the University receives a request for access to letters of reference for admission to a program, the responding department, with the advice of the departmental contractor and the Information, Privacy and Records Management Office, may provide a copy of such material without a formal ATIA request.

The Act requires that documents used to reach a decision affecting an individual need to be kept for a minimum of one year after the date of the decision. Thereafter, all documents can be destroyed in a manner that is in accordance with the retention schedules for departmental documents. Departments may wish to review their retention schedules. The advice of the University Archivist and the IPRMO should be sought when considering changes to retention schedules.

Note that records cannot be destroyed when there is a formal request for access to them.

Additional Comments

The University cannot permit an individual requesting a letter of reference to waive his or her right of access. The Commissioner has explicitly ruled that such a waiver is not possible under the provisions of the provincial access and privacy legislation.

If the reference letter is sent to another post-secondary institution in Alberta, it is likely that the Commissioner's Order would apply to the receiving institution. If the letter is sent to a post-secondary institution in another province or country, the access to information laws of that province or country would apply.

However, if a copy of the letter is in the custody of the University of Alberta, it is possible that an application could be made to this university for access to the letter.

N. B. It is important to note that records retained in the files of an individual, written in the course of university business, are subject to the Act, even though no copies have been placed in student files or in other departmental files. The right of access would apply to those letters, even though they may be retained in a home office.