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  2. A school board may also choose to disclose personal information to a law enforcement agency on its own initiative to aid an investigation, where the board has a reasonable basis to believe an offence has occurred.

  3. If a school board has the legal authority to collect personal information, and it is collecting the information directly from the student, or their parents or guardians, then the school board does not require consent.

  4. Some laws make it mandatory for school boards to disclose students’ personal information in certain situations. In these cases, MFIPPA would not stand in the way of the disclosure − it permits disclosure for the purpose of complying with another act. 36.

    • Protection of Individual Privacy
    • Access to Information
    • Special Topics
    • Conclusion

    The Guide provides a summary of a school board’s duty under Part II of MFIPPA to limit the collection, retention, use and disclosure of personal information. It also provides a detailed summary of a school board’s requirement for lawful authority to collect personal information and the circumstances wherein the institution must notify students or p...

    The Guide provides a summary of a school board’s duty under Part I of MFIPPA to provide access to information in its custody or control. School boards can consult the Guide to review the nuances in their obligation to provide access to information to students, parents, and the general public. Moreover, the Guide provides a review of a school board’...

    The Guide also provides insights on a school board’s statutory obligations in a number of special circumstances, such as: 1. School photographs 2. Mandatory disclosure to a children’s aid society 3. Disclosure to police 4. Collection, use and disclosure of health information 5. Privacy in the networked classroom and the use of online educational se...

    School boards should periodically review their policies and practices to ensure they comply with their obligations under MFIPPA. Hicks Morley regularly helps its school board clients with this process. If you would like our assistance to ensure statutory compliance, please contact a member of our Information, Data Security and Privacy Practice Grou...

  5. If a police officer requests access to student’s personal information, can that information be disclosed? A student’s personal information cannot be disclosed to any person other than the individual to whom the information relates. This includes law enforcement.

  6. School boards collect, use and disclose personal information of individuals in the course of delivering educational services and to provide programs in accordance with the Education Act and the Municipal Freedom of Information and Protection of Privacy Act.

  7. Subsection 19 (1) is an exemption that requires institutions to refuse to release personal information. To claim this exemption, institutions must meet all the following requirements: The information is about an individual—that is, a human being, not a corporation.

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