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Not be required
- While consent would not be required for these disclosures, school boards should provide general information to the school community about the requirements for disclosure, for example, on a website, in a school newsletter, or in a student handbook.
www.ipc.on.ca/en/education/using-and-disclosing-personal-information/when-is-disclosure-of-a-students-personal-information-mandatory
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School boards also have discretion to disclose a student’s personal information, including from the OSR, in some situations, 35 including: with consent for the purpose for which the information was obtained or for a consistent purpose
DOES A SCHOOL BOARD NEED CONSENT TO COLLECT PERSONAL INFORMATION ABOUT A STUDENT? 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.
While consent would not be required for these disclosures, school boards should provide general information to the school community about the requirements for disclosure, for example, on a website, in a school newsletter, or in a student handbook.
- 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...
School activities may be reported by the school board in school newsletters, websites or social media. Please note : Identifying photos and videos only may be included with consent via the Student Media Release consent form .
In other words, schools do not need consent when they use or disclose personal information for the purposes for which the information was collected. For other uses, the public body must get consent from the individual prior to using the information. CONSISTENT USE OR DISCLOSURE OF PERSONAL INFORMATION Section 41 of the FOIP Act sets out
An interim decision made by the Information and Privacy Commissioner of Ontario (IPC) was based on the Toronto Catholic District School Board’s refusal to provide access to a student’s request for sensitive information (Annual Review of Education Law, 2018).
