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Only when required by law
- Generally, school boards should disclose personal information to a law enforcement agency only when required by law, such as in response to a court order, rather than a simple request. However, they have discretion to disclose personal information to law enforcement agencies: to aid a law enforcement investigation for health or safety reasons
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Can a school board disclose personal information to the police?
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What information should a school board disclose?
Generally, school boards should disclose personal information to a law enforcement agency only when required by law, such as in response to a court order, rather than a simple request. However, they have discretion to disclose personal information to law enforcement agencies: to aid a law enforcement investigation; for health or safety reasons
- Ontario’s Access and Privacy Legislation
These laws also permit or require school boards to disclose...
- Ontario’s Access and Privacy Legislation
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.
- 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...
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.
These laws also permit or require school boards to disclose limited personal information about students in certain situations. PHIPA sets out the rules for collection, use and disclosure of health information, and may apply when students receive health care in school, such as from a school psychologist or speech-language pathologist (See ...
Section 28 (2) (g) of LAFOIP allows a board of education (board) to share personal information of a student with a law enforcement agency for the purpose of a lawful investigation without consent of the student or parent.
This policy and procedure describes how the Board meets its obligations under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Personal Health Information Protection Act (PHIPA) and other relevant legislation and regulations as it applies to personal information in the custody or under the control of the Board.
