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:
A parent asked about the discipline for another student who bullied their child. Can you share this?
No, sharing information about another student is not appropriate
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.
Role of 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
With appropriate email security, password protection, locked phones/computers, name may be used in the email
Due to pop-ups, recommend not using the name in the subject line
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?
Personal information disclosure without consent is appropriate if...
There is a clear benefit to the individual to who the information relates
The date a student turns 22 plus 3 years
The length of Cumm file retention:
The recommendation of the Records Retention and Disposal Guide for Saskatchewan School Divisions is to keep student records for at least three years after the date the student turns 22. This period was chosen to cover at least two years after the last time a board might provide services to a student. This covers the limitation period for most court actions by a student.
In the hallway during recess/break, a colleague shares a concern about a students behaviour. What do you do?
Inform them of the apporpriate....
The person individual employees or school's legal authority should consult with prior to making disclosures
LAFOIP Coordinator/Privacy Officer consulted to ensure appropriate application of LAFOIP
Breaches of information must be reported to the Privacy Officer
Obligations under LAFOIP to notify individuals, contain the breach, and improve processes
Inappropriate disclosure of information (breach) may result in discipline