The basics
The two major goals of LAFOIP
What is:
1. Personal information concerning students
2. Personal information concerning teachers and other employees of the division
3. Confidential information obtained from third parties
4. Confidential information about matters under consideration by school admin, the Division or the Board
5. Confidential information concerning the business or operations of the Division or Board
What is information that must be kept confidential?
Use, Access and Disclosure of records is the...
What is the primary responsibility of the board in relation to creating secure records
Whoops! A privacy breech has occurred! 5 things must happen....
What are:
How long do you need to retain a student file?
As a general guideline, student files are retained until 3 years post the day they turn 22, however boards are able to set their own retention periods
Race, family status, employment history, views or opinions of another person about an individual, etc.
What are examples of personal information?
Ensuring all records that are accessed by persons who have appropriate professional training and who require the records for their job
What is the 'need-to-know' principle?
Information in any form (written, photo, video, etc.) and stored in any manner
What is the definition of a record?
A non-custodial parent requests information about the child's attendance at school?
This cannot be disclosed based on the custody agreement. If the parents have joint custody, this information must be disclosed.
Is recording on personal devices by family members allowed at Christmas Concerts even if a child in the concert does not have photographer permissions?
A Christmas concert is most likely open to the public and would then have the same expectations of privacy as any other public location.
The Principal
Who is the legal authority for releasing information at the school level?
Age 16 however, dependent upon maturity level.
What is the general age at which a child is able to make their own decisions about their personal information
Are text messages between staff members on personal cell phones about a student "LAFOIPable"?
Yes. All communication that is in relation to employment is considered a record of the board and as such would need to be disclosed.
Bonus points - speaking about another personal is that person's personal information!
RCMP asks for video surveillance from an external camera due to an Amber Alert in the area. Does this get provided?
Yes. Safety trumps privacy.
Do originals or copies of certain documents need to be kept on file?
As an alternative to keeping the original or a copy of the document the following process could be considered:
If these steps are followed there will generally be no need to keep the original or a copy of the document on file.
Any person who is not:
1. the individual
2. the individuals representative
3. an employee of the division who needs the information in order to perform their job
What is a Third Party?
Safety, investigations, subpoenaed, compliance with specific statues and compassionate circumstances
What are the only LAFOIP exceptions which allow disclosure to third parties without consent
When information is received, it can be used and shared within the division without consent of the parent/child for....
1. the purpose for which the information was obtained
2. for a use that is consistent with the original purpose
If there is joint custody of a child, do you require 2 signatures for the purposes of LAFOIP
No. 1 signature is sufficient
Outlines the procedures for ensuring privacy in Sun West
What is AP 180 - Local Authority Freedom of Information and Protection of Privacy?