Administrative Procedure: 180
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
Background
The District recognizes that all procedures for the collection and storing of information by District staff in the course of affairs and procedures regulating the release of information to other parties must follow provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
The purposes of FOIP and this District administrative procedure are to:
• Allow any person a right of access to the records in the custody or under the control of the District subject to limited and specific exceptions as set out in the Act,
• Control the manner in which a public body may collect personal information from individuals, to control the use that the District may make of that information and to control the disclosure by the District of that information,
• Allow individuals, subject to limited and specific exceptions as set out in the Act, a right of access to personal information about themselves that is held by the District,
• Allow individuals a right to request corrections to personal information about themselves that is held by the District, and
• Provide for independent reviews of decisions made by the District under the Act and the resolution of complaints under the Act.
Procedures
1. The Superintendent will designate a Coordinator for the purposes of the Freedom of Information and Protection of Privacy Act and that individual is responsible for ensuring that the District complies with the provisions of the Act.
2. The Coordinator is hereby empowered to fulfill the duties described in the Freedom of Information and Protection of Privacy Act which include the establishing of procedures and practices to ensure appropriate management of the legislation.
3. When fees are to be levied under the Freedom of Information and Protection of Privacy Act, the rates adopted by the Government of British Columbia, as specified in Freedom of Information and Protection of Privacy Act Regulation shall be confirmed as the rates used by the District.
4. All persons making requests for the release of information shall be notified as to appeal provisions under the Act.
Reference: Sections 22, 65, 85 School Act
Freedom of Information and Protection of Privacy Act
APPENDIX – COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
Under the School Act, school districts/schools are authorized to obtain personal information on students and teachers for a specific purpose, namely:
• Students – information to be used for educational program purposes
• Employees – payroll administration, administration of employee benefits, recruitment and selection of staff, etc.
All individuals, under the Freedom of Information/Protection of Privacy Act, have a right to protection from unauthorized collection, use, and disclosure of personal information. Therefore, written consent must be obtained prior to obtaining personal information to be used for other than the purposes stated above.
To gather personal information on a student or employee, for other than the above-authorized purposes, the student/parent or employee must be advised in writing:
1. What information is to be collected
2. The purpose for collecting the information (should include who will have access to the information)
3. The person to contact if there are questions about the collection and use of the information.
Definitions
PERSONAL INFORMATION – means recorded information about an identifiable individual including:
• The individual’s name, address or telephone number
• The individual’s race, national or ethnic origin, colour, or religious or political beliefs or associations
• The individual’s age, sex, sexual orientation, marital status or family status
• An identifying number, symbol or other particulars assigned to the individual
• The individual’s fingerprints, blood type or inheritable characteristics
• Information about the individual’s health care history, including a physical or mental disability
• Information about the individual’s educational, financial, criminal or employment history
• Anyone else’s opinions about the individual and individual’s personal views or opinions except if they are about someone else
Reference: Sections 22, 65, 85 School Act
Freedom of Information and Protection of Privacy Act
Revised: May 2013
Procedure 180