Policy 2.1.31 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

Approved: June 2, 2009

Revised: October 8, 2024

1.0 Rational

District School Board Ontario North East is committed to the appropriate collection, use, retention and disclosure of personal information in compliance with all applicable provisions in the Education Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Personal Health Information Protection Act (PHIPA), the Personal Information and Protection of Electronic Documents Act (PIPEDA) and other relevant statutes and regulations of the Province of Ontario and the Government of Canada.

The Board supports the following 10 fair information principles, which are globally recognized and grounded in privacy legislation: Accountability, Specified Purposes, Consent, Limiting Collection, Limiting Use, Retention and Disclosure, Accuracy, Safeguards, openness and Transparency, Access and Correction and, Compliance

2.0 Definitions

Capacity: The ability to understand information relevant to making a decision and the ability to appreciate the reasonably foreseeable consequences of giving, withholding or withdrawing consent.

Confidential Record: a record containing information deemed by the board of a third party to be of a confidential nature and requiring protection against unauthorized access or disclosure.

Consistent Purpose: Personal information is to be used or disclosed only for the purpose for which it was collected and for which the individual might reasonably expect it to be disclosed.

Express Consent: consent given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the organization seeking consent.

Implied Consent: situations where consent may be reasonably inferred from the action or inaction of the individual.

Informed Consent: requirement that the individual consenting understands the exact nature of the information for which consent is sought, understands the potential consequences of signing the consent form, and is given the right to revoke the consent at any time.

Notice: requirement to advise an individual or third party of intended use of personal or confidential information in the Board’s custody and/or control.

Personal Health Information: identifying information about an individual in oral or recorded form (paper and/or electronic records) that relates to:

the physical or mental health including family health history
providing health care, including identifying a person as a provider of health care to the individual
payments or eligibility for health care or coverage for health care
an individual’s health number
identifying an individual’s substitute decision-maker

Personal Information: Under MFIPPA section 2(1), “personal information” means recorded information about an identifiable individual including:

Information related to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual;
Information relating to the education or medical, psychiatric psychological, criminal or employment history of the individual;
Any identifying number, symbol or other particular assigned to the individual;
The address, telephone number, fingerprints or blood type of the individual;
The personal opinions or views of the individual except if they relate to another individual;
Correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence;
The views or opinions of another individual about the individual, and
The individual’s name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual.

Professional Information: Under MFIPPA section 2 (2.1) personal information does not include the name, title, contact information or designation of an individual that identifies the individual in a business, professional or official capacity.

Privacy: the rights and obligations of individuals and organizations with respect to the collection, use, disclosure and retention of personal information; however recorded, whether in printed form, by electronic means or otherwise.

Record: Under MFIPPA section 2(1), “record” means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise and includes, correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine readable record, or any other documentary material.

3.0 Policy

References

Appendices