FOIP Act for Schools

FOIP Act:

Freedom of Information and Protection of Privacy

T/F?

The FOIP Act came into effect for educational bodies on September 1, 1950.

Answer: No

It was not introduced until September 1, 1998

The aim of FOIP is:

to strike a balance between the public's right to know and the individual's right to privacy.

Also, FOIP sets controls and standards on how public bodies, such as school boards, collect, use and disclose personal information that is in their custody or under their control. Disclosure of personal information must have a reasonable and direct connection to the original purpose of collection.

Definition

A Record is defined as Information in any form that contains personal information.

This can include

• Notes
• Images
• Audio-visual recordings
• Drawings
• Letters
• Vouchers and papers
• Documents
• Photographs

Case:

A parent has sent an email to the principal of a school containing allergy test results of their child. Does the school need to keep this information?

Answer: Yes

You can only discard transitory records that are short term, immediate, or have no value to your organization for the future. All relevant records must be kept for at least one year.

Definition

Student work and accomplishments may include:

• names on honour roll
• photos
• student work samples
• newsletters
• yearbooks
• Website acknowledgements

Definition (Cont.)

Classrooms are not public places!

Non-public event: Additional consent required

Public Event within or outside school:

no consent required

Case:

A representative of the school board is coming into your classroom to take photos and have interviews with students regading an innovative science project they have completed. The photos/interviews will be presented during an upcoming meeting at the district office. Do the parents/guardians of your students need to sign an additional consent form?

Answer: Yes

Where individual students are identified or interviewed and the material will be used outside the school, a separate and specific consent will be required. No additional consent is required if information is used within the school.

Confidentiality Protocols

Definition

Access to student/parent names and contact information can be disclosed on a need-to-know basis

• For the performance of duties by school employees and volunteers
• A situation of imminent danger
• Public health and safety - information about a risk of significant harm to the environment and to the health and safety of the public must be disclosed!

Case:

A student's name and picture is given to a designated bus driver so they can make sure a student is leaving the bus at the correct stop. Is this situation in violation of the FOIP Act?

Answer: No

The information is necessary for the performance of duties of the Bus Driver and they are considered employees of the school board.

Case:

A student reveals suicidal thoughts to a teacher and asks her to keep it confidential. According to the FOIP Act, is it reasonable for the teacher to share this information with the student's parent?

Answer: Yes

A school may disclose personal and confidential information of students to parents against the wishes of the student if they believe the disclosure will avert or minimize imminent danger to any person. Safety outweighs privacy!

Dealing with External Agencies

Definition

If police and social workers are investigating a particular incident or possibility of a crime, the disclosure of personal information of a student is permitted within FOIP guidelines.

Case:

Students in your junior high class have been suspected of vandalism and a Police officer is at the school investigating. Does this police officer have to sign a request for information form?

Answer: NO

If an officer is investigating a particular incident of the possibility of a criminal offense having been committed, the officer would have the authority to collect and the school disclose the personal information of the student(s) involved.

Three Take Away Tips:

1. FOIP coordinator

2. Purpose

3. Request Forms

MAIN SOURCE:

• www.servicealberta.ca › FOIP Home

ADDITIONAL REFERENCES

Guide to Providing Counselling Services in School Jurisdictions (PDF)

• www.servicealberta.ca/foip/documents/SchoolCounsel.pdf

Using and Disclosing Personal Information in School Jurisdictions(PDF)

• www.servicealberta.ca/foip/documents/PerInfoSchool.pdf

FOIP Discussion Paper: School Promotional Video Production(PDF)

• www.servicealberta.ca › FOIP Home › Resources

FOIP Discussion Paper: Video Yearbooks(PDF)

• www.servicealberta.ca/foip/documents/VideoYearbooks.pdf

this is a good idea

Welcome to planet FOIP!

Student Records

Sharing Students' Works

Confidentiality

External Agencies

School Bus

Answer: Yes

Public bodies subject to the FOIP Act may need to share personal information for a variety of reasons. A formal writted request is filled out for these purposes.

Student Records

Sharing Students Work and Accomplishments

Answer: Yes

Volunteers and bus drivers are included in the definition of an employee under the FOIP Act.

Answer:No

School council members are not considered to be employees under the FOIP Act

Answer: NO

Concent to the taking of individual, class, team or club photos for school purposes is obtained when parents sign FOIP forms at the beginning od the year

Answer: NO

The taking of photos and/or videos of classroom activities, and their use by the media or other organizations where students are not interviewed or identified by name or face are allowed.

Answer: Yes

Where individual students are identified or interviewed and the material will be used outside the school a separate and specific consent will be required. You will be contacted prior to this event taking place.

Answer: Yes

Access to student/paret names and contact information can be disclosed on a need-to-know basis. For example, if the information is necessary for the performancce of duties of a school employee or volunteer.