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Does not require consent
- 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.
www.ipc.on.ca/en/education/collecting-personal-information/does-a-school-board-need-consent-to-collect-personal-information-about-a-student
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With limited exceptions, the OSR may not be disclosed to any other person without the written permission of the student’s parent, guardian or the adult student (age 18 years or over). The exceptions include: disclosures required by the Ministry of Education or school board 29.
- Consent to collect, use and disclose personal information
Where school boards are required to seek consent for the use...
- Consent to collect, use and disclose personal information
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.
Where school boards are required to seek consent for the use or disclosure of personal information, they should make sure that the person consenting understands what information the school board is seeking consent to use or disclose, and the purposes for the use or disclosure. 49
- 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
Schools need to obtain parental consent before allowing those outside the school, including parents, visitors, or media, to take photographs of students at non-public events. Consent is required only if individual students are identifiable in the pictures.
