03 – Access to Information

PIM – Online Training Program

Emily and Denzel are in their living space. Emily sits at the table, Denzel paces. After two exchanges, Denzel faces Emily and mouths “But we have a right to see them!”

NARRATOR: The Municipal Freedom of Information and Protection of Privacy Act is based on four general principles:

  1. Information held by school boards should be made available to the public.
Principal is doing paperwork at her desk. The phone rings. He answers. He looks concerned. He asks a question.

NARRATOR:

  1. Exemptions from the right of access should be limited and specific.
  2. Board decisions regarding access are subject to independent review by the Privacy Commissioner of Ontario.
  3. The privacy of individuals with respect to personal information held by school boards should be protected and individuals have a right of access to that information.
Emily is seated in front of a computer, Denzel stands behind her. She moves the mouse on the computer and nods. She places her hand on the receiver, looks up to Denzel, says something. He nods. Emily takes her hand off the receiver and mouths “Yes, we’d like to do that.”

NARRATOR: Emily and Denzel contact the principal about an e-mail exchange between two teachers (concerning their son). They request a copy of the e-mail but the principal informs them that it’s the property of the Board. However, under the Municipal Freedom of Information and Protection of Privacy Act, they have a right to request access to personal information about their son. To do so, they should submit an Access Request to the Board’s Freedom of Information (FOI) Coordinator.

Principal looks at her computer. She looks as though she’s navigating somewhere. She says something into the phone.

NARRATOR: Personal information should not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual, or as required by law.

Emily nods, types a few characters, double-clicks, then moves her mouse. Close up on printer. A page slides out. A hand reaches in and grabs it.

NARRATOR: The board needs to protect personal information in all formats and have a clear Acceptable Use of Technology Policy which includes email guidelines and the requirement that computers be locked or shut down when unattended.

Principal hangs up the phone, checks something on the computer, then goes to a filing cabinet, opens a drawer, pulls out a document, and returns to her desk. Close up on desk: The document she has pulled is titled “School Board Privacy Policy”.

NARRATOR: Ontario school boards should be prepared to inform individuals about their personal information: when it is collected, how it is managed, how it is used, and when it is disclosed.

They should also have a plan that makes the protection of personal information a priority. Such a plan should:

Emily sits at a desk filling out the FOI form. Close up on her hand, filling in fields. Emily passes the form to Denzel who reviews it. Denzel nods and passes it back to Emily.

NARRATOR:

  • establish overall accountability for privacy;
  • ensure that reasonable resources are coordinated and made available to meet the plan timelines and deliverables;
  • provide extensive security awareness and privacy training at all levels;
  • demonstrate senior-level commitment;
  • include privacy issues in the job performance process; and
  • develop, monitor, and enforce privacy policies and procedures.
Text on screen: “For specific details about board responsibilities, please refer to the Resources tab.”

NARRATOR: For specific details about board responsibilities, please refer to the Resources tab.

Principal stands at the head of the class. On the board is written “Protecting Privacy” and the following bullets:
  • Collection and Use of Student Information
  • Disclosure of Information
  • Safeguarding Information
  • Privacy Breaches
We see the backs of the 3 teachers’ heads. Each teacher is taking notes. Principal talks, asks a question. One of the teachers raises a hand. Principal listens then responds, nodding.

NARRATOR: Principals need to:

  • Develop an in-service plan.
  • Inform teachers of the privacy policies in place at the board.
  • Offer training opportunities for staff with respect to procedures regarding security safeguards and privacy risk management.
  • Ensure teachers understand appropriate use and disclosure of information.
Simon checks his watchand rushes out. Rahul sits at Simon’s desk. He jiggles the mouse, sees that the computer is logged off. He shuts the computer down and leaves the classroom. This is followed by an image of PIM name and logo, and the CSC name and logo.

NARRATOR: What are the benefits of these safeguards? When all staff areproperly trained in safeguarding information, we achieve consistency in terms of how we handle and manage information. With appropriate safeguards in place, we can prevent privacy breaches before they occur.

Knowledge Check 01

To check your awareness, complete the following question by clicking Submit.

Did a privacy breach occur?

  1. Yes
  1. No

The correct answer is A.

A privacy breach occurs when personal information is compromised, that is, when it is collected, used, disclosed, retained, or destroyed in a manner inconsistent with privacy legislation.

In this case, the privacy breach occurred when Rahul read the email, because the computer was left unattended.

If the parent wants to see a copy of the email record, who should they contact?

  1. The teacher or the principal
  1. The FOI Coordinator

The correct answer is A.

If the parents would like to see a copy of the email record, they should contact the student’s teacher or principal. In this case, the teacher and/or principal will likely want to meet with the parent to discuss the situation and/ or share a copy of the email. If they do not receive a copy of the email at the meeting, they may elect to request the email under the Municipal Freedom of Information and Protection of Privacy Act through the board’s designated Freedom of Information Coordinator.