(Municipal) Freedom of Information and Protection of Privacy Act

Disclaimer: This document is meant as a general resource only and should not be considered to be a legal and binding document. Always consult with your college or school board Freedom of Information and Protection of Privacy Officer when in doubt.

(MUNICIPAL) FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

Statements of Intent and Applicable Legislation regarding the collection of data at the post secondary school level are required on forms that request personal student information. The statements also establish the context in which the information will be shared. This ensures that students and their parents understand the purpose of requesting information and the extent to which that information will be shared.

Sample Statements of Intent and Applicable Legislation re collection of data at the college and university level:

Sample 1: College Statement

The personal information collected on this form is in accordance with sections 21, 39 and 49 of the Freedom of Information and Protection of Privacy Act, and under the legal authority of the Ministry of Colleges and Universities Act, R.S.O. 1990, Regulation 770, and the Ontario Colleges of Applied Arts and Technology Act, 2002, Regulation 34/03. The information is used for the administrative and statistical purposes of Seneca College and/or the ministries and agencies of the Government of Canada and the Government of Ontario. If you have any questions about the collection of your personal information, please contact Seneca College's Freedom of Information & Privacy Protection Officer at 416‐491‐5050 extension 2078

I have read the above statements and I hereby authorize the release and exchange of all records related to my registration, attendance, and academic progress to the aforementioned as well as my Parent/Guardian and Secondary School Representatives

Students Signature/Date

Parent/Guardian's Signature (If under 18 years of age)/Date

Secondary School Representatives Signature/ Date

Sample 2: University Statement

Notice of Collection and Use of Personal Information

In accordance with Section 39(2) of the Freedom of Information and Protection of Privacy (“FIPPA”) personal information about prospective students, applicants and current students will be collected under the authority of the Ryerson University Act, 1977.

WHEN INFORMATION WILL BE DISCLOSED
Information collected from prospective students and applicants may be shared with the following entities to facilitate recruitment, admissions, resolution of appeals, enrolment, entrance scholarships and awards, and other fundamental activities as outlined above:

Ryerson personnel in the performance of their duties or services including, but not limited to, personnel/departments such as: Residence/Housing, University Ombudsperson's Office, Access Centre, academic program department administrators including program directors and potential graduate supervisors, University Planning, Student Services, Athletics/Coaches, Enrolment Services and Student Fees, Student Records, Curriculum Management, Scholarship committees, the Library and University Advancement; Secondary school officials (e.g., Secondary school Principals, Guidance Counsellors); Universities, colleges and other institutions or government offices to verify any information provided as part of an application for admission (including declaration of citizenship and status in Canada, referees); Universities and colleges to share incidences of falsified documents or credentials; Collaborative program partners (e.g., George Brown College and Centennial College for the Nursing Collaborative program, York University for the Communication and Culture program); Service providers contracted by Ryerson in support of Ryerson enrolment management objectives (e.g., specialized systems and support, research, support for business processes).

Sample Statements of Intent and Applicable Legislation re collection of data at the secondary school level:

Sample 1: Secondary School Board

Personal information is collected under the legal authority of theEducation Act, R.S.O.1990, Chapter E.2, and will be used to administer the Experiential Learning Program. This form will be kept on file for a period of one year after completion of the Course. Questions regarding the collection of this information should be directed to the Academic Consultant, Experiential Learning, Dufferin-Peel CDS Board, 40 Matheson Blvd. West, Mississauga, Ontario, L5R 1C5,(905) 890-0708/1-800-387-9501.

Sample 2: Secondary School Board

Sample School Board Policy Regarding Municipal Freedom of Information and Protection of Privacy Act (From Simcoe County District School Board):

Scope and Responsibility Of the School Board Re: Municipal Freedom of Information and Protection of Privacy Act

This policy extends to all information in the custody or under the control of the school board. The Director of Education is responsible to oversee compliance, in consultation with school board legal counsel, and to delegate administration of statutory requirements to a designated staff member.

Freedom of Information and Protection of Privacy

POLICY SECTION:

The Municipal Freedom of Information and Protection of Privacy Act requires that Ontario public institutions protect the privacy of an individual’s personal information, and gives individuals the right to request access to general non- confidential information within the custody and under the control of the institution, as well as records containing their own personal information.

Policy

The school board will collect, use, retain and disclose personal and confidential information in accordance with the statutory responsibilities provided in the Municipal Freedom of Information and Protection of Privacy Act and any other applicable legislation, and will make general information within its custody and control that is not confidential accessible to the public as prescribed by the Act and any other applicable legislation.

Regulations

1. The school board is responsible, in accordance with MFIPPA, for personal information under its custody or control and delegates the authority relative to MFIPPA to the Director of Education to be the Head in compliance with MFIPPA and to be accountable for compliance with privacy legislation. The Director shall appoint a staff designate who shall, pursuant to applicable legislation, be responsible for:

a. Administering and ensuring compliance with respect to the collection, use, disclosure and retention of personal information in accordance with MFIPPA;

b. Administering all requests for access or correction to personal information in accordance with MFIPPA;

c. Ensuring that procedures are in place regarding third party service providers who have custody of personal information on behalf of the school board whom are held accountable under MFIPPA;

d. Providing access by the public to privacy policies and procedures prepared by the school board;

e. Administering all requests for access to general non-confidential information in accordance with MFIPPA;

f. Where necessary, preparing for and defending decisions made under MFIPPA at an appeal;

g. Establishing and overseeing protocols and procedures in terms of managing any privacy breaches that may occur in accordance the Information Privacy Commissioner of Ontario’s Guidelines;

h. Communicating and providing training opportunities to staff, as required, with respect to the obligations under MFIPPA and other applicable legislation; and

i. Any other requirements and responsibilities that may arise with respect to the school board’s obligations under MFIPPA and other applicable legislation.

2. The Board of Trustees shall be advised of disclosures of information under MFIPPA that relate to matters of widespread public interest, and shall be advised of any significant breaches of personal information.

3. The school board shall identify the purpose(s) for which personal information is collected, and individuals shall be notified at or before the time personal information is collected, as prescribed by law.

4. The school board shall ensure an individual’s informed consent is obtained, where practicable, for the collection, use, or disclosure of personal information, or that an individual is notified of the collection, use or disclosure of personal information, as prescribed by law.

5. The school board shall limit the collection of personal information to that which is necessary for its specified purposes in accordance with its statutory duties and responsibilities.

6. The school board shall ensure personal information may only be used or disclosed for the purposes for which it was collected, other purposes consented to, or as prescribed by law. It may only be retained for as long as is necessary to satisfy the purposes for which it was collected, as prescribed by law, or in accordance with retention guidelines prescribed by TCDSB.

7. The school board shall ensure any personal information that is collected, used or disclosed should be as accurate, complete and up-to-date as is necessary in order to fulfill the specified purpose for its collection, use, disclosure and retention.

8. The school board shall ensure personal information shall be protected from unauthorized access, use, disclosure, and inadvertent destruction by adhering to safeguards appropriate to the sensitivity of the information.

9. The school board shall ensure an individual has the right to request his or her personal information and will be given access to that information in accordance with MFIPPA, subject to any mandatory or discretionary exceptions. An individual has the right to challenge the accuracy and completeness of the information and to request that it be amended as appropriate or to have a letter/statement of disagreement retained on file. An individual shall be advised of any third party service provider requests for his/her personal information in accordance with privacy legislation, subject to what is permitted under law. All requests for access to personal information from individuals other than the individual whom the information relates to, will be administered in accordance with school board’s privacy policy, MFIPPA, and associated legislation.

10. The school board shall ensure an individual has the right to request access to general non-confidential information in the custody, or under the control of, the Board in accordance with MFIPPA. Access to general records shall be administered, subject to prescribed exemptions, in accordance with MFIPPA.

11. The school board shall ensure an individual has the right to address or challenge compliance with these principles through the appeal processes provided for under MFIPPA, and shall be informed of the process by which to appeal, as prescribed by MFIPPA.

Sample Information Imparted to Parents/Public Regarding the Collection and Use of Student Personal Information

Notice of routine Collection and use of Student Personal information

The purpose of this notice is to make you aware of how the Simcoe County District School Board (SCDSB) and your school use the personal information you provide to us, in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The MFIPPA is a law that sets guidelines that schools and district school boards must follow when collecting, using and/or disclosing students’ personal information. Under this Act, personal information refers to recorded information about an identifiable individual.

Simcoe County District School Board – Student Agenda 2014–2015 13The Education Act sets out duties and powers of the board and authorizes school boards to collect personal information for the purpose of planning and delivering educational programs and services which best meet students’ needs and for reporting to the Minister of Education, as required. In addition, the information may be used to attend to matters of health and safety or discipline which best meet student needs and for reporting to the Minister of Education, as required. The Act requires that the school principal maintain an Ontario Student Record (OSR) for each student attending the school. The OSR is a record of a student’s educational progress through school, in Ontario, and follows students when they transfer schools. The Ontario Student Record Guideline sets out how OSRs are to be managed and the SCDSB adheres to the OSR guideline.

Under the MFIPPA, personal information may be used or disclosed by the SCDSB:

• for the purpose for which it was obtained or a consistent purpose (a purpose consistent for the reason collected)

• to board officers or employees who need access to the information in the performance of their duties, if necessary, and proper in the discharge of the board’s authorized functions

• to comply with legislation, a court order or subpoena or to aid in a law enforcement investigation conducted by a law enforcement agency

• to report to the Children’s Aid Society regarding child protection matters, in accordance with the law in compelling circumstances affecting health or safety of staff or students In accordance with MFIPPA and the Education Act, releasing personal information for any other purpose requires the informed consent of:

• the parent/guardian for children under 16 years of age

• the parent/guardian and the student where the student is 16 and 17

• the student where the student is over 18 or is 16 or 17 years of age and has withdrawn from parental control

It is our practice to include a notice statement on forms used to collect personal information to advise you how we will use and disclose the information. To help you understand how we use the information you provide to us, we draw your attention to the following routine uses and/or disclosures of student personal information so that you may express any concerns you may have.

Routine uses and/or Disclosures of Student Personal information

The student’s OSR will be used by school and board staff to support the classroom teacher in developing an educational program which best meets the student’s needs. Staff working with the classroom teacher or directly with the student may include individuals working in areas such as Special Education, guidance counselling, student success, etc.

In keeping with 21st century learning, the board provides students and teachers with Office 365 for education, Google Docs for education and the Ministry of Education Desire to Learn (D2L) for educational purposes. In addition, students may also use social media tools such as Wikis, blogs, podcasts, video conferencing, YouTube, Facebook, Twitter and other sites or tools deemed appropriate by the classroom teacher. Students receive age-appropriate instruction on digital citizenship and the safe use of technology. Use of the internet and social media sites shall be in accordance with the Appropriate Use Guidelines for students and posting of personal information shall be with parental consent, where appropriate.

Email addresses (parent and student) will be used for communication between home and school/board.

Contracted photographers will take individual and class photos of students. These photos will be used for administrative and archival purposes, on student cards, in school yearbooks and will be offered to parents for purchase.

Student medical health information provided by parents/ guardians or adult students will be used to address the student’s medical needs at school and during school activities.

Medical emergency plans for students with life-threatening medical conditions will be shared with school staff, the Simcoe County Student Transportation Consortium, contracted bus operators and bus drivers and will be posted in identified areas of the school for emergency response purposes.

Surveillance equipment may be used in schools and on buses to enhance the safety of students and staff, to protect property against theft or vandalism, and to aid in the identification of intruders or persons who endanger the health, well-being or safety of school community members.

Student personal information such as home addressees, student photos, life-threatening medical emergency information, accessibility and safety needs, will be shared with the Simcoe County Student Transportation Consortium, contracted bus company operators and bus drivers for the purpose of administering the board’s contracted bus program and for the safety of students.

Birthdays may be announced over the PA system and/or in classrooms. Class lists with student first names and last initial only may be distributed to other parents for the purpose of addressing greeting cards or invitations in connection with holidays, birthday parties, etc.

Student work, including student first name and last initial may be displayed throughout the school and in school and board newsletters or websites. It may also be publicly displayed at community events such as science fairs, colouring/writing/ posters contests or similar events outside the school.

Students may be recorded or photographed as part of their educational program for assessment and evaluation purposes. Photos or recordings may be shared with students and parents for the purpose of celebrating and memorializing the student’s life at school.

School activities and events may be reported in school and board newsletters and on school and board websites. This may include non-sensitive student personal information such as first name and last initial and student group photos.

Student names and/or photographs may be printed in school yearbooks, school programs or brochures (commencement or graduation programs, school plays and musical productions), on student awards, honour rolls, on class assignment lists and posted throughout the school.

The media, such as newspapers, television and radio may be invited to the school to take photos of students and write articles about newsworthy events or activities including graduations, student achievements/awards, co-curricular activities, sports and current events. Their reports may include group photos of students. Individual students would only be photographed or identified with appropriate consent.

Students participating in extra-curricular activities or school events where the public is invited or that take place in public places such as field trips, malls and fairs, may be photographed by the school community or general public. This may result in photos or recordings being posted on social media sites. The school has no control over how and where these images will be posted; however parents and students are asked to practice good digital citizenship by being respectful when they post photos of others, which includes only posting photos involving other students with permission.

Student information is shared in order to design and deliver programming to meet the needs of all students in our schools. To that end, learning profiles and student achievement levels are shared between staff within a school, in order to best address student needs as they progress through grade levels. As students’ progress from elementary to secondary school, important information is shared to ease the student’s transition to secondary school. Sharing information also improves our ability to program effectively to the benefit of all students.