What is Personal Information

1
What is Personal Information?

• Any recorded information about an identifiable
  individual. Examples age, sex, marital
  status, religion, ethnic origin, blood type, SIN,
  etc.
• Also includes opinions of that person and any
  opinions expressed about that person by another
  individual.

2
What is Personal Health Information?

• Personal health information is any recorded
  information about an identifiable individual
  related to that persons health or health care
  history, the provision of health care to the
  individual or payment for health care provided to
  that individual.

3
Who is a Young Offender?

• Under the YOA, a person with young offender
  status is an individual charged with, or found
  guilty of a criminal code or other federal
  statute offence that is committed when the
  student is between the ages of 12-17.

4
What Are the Acts?

• Young Offenders Act (YOA)
• Personal Health Information Act (PHIA)
• Freedom of Information and Protection of Privacy
  Act (FIPPA)
• Public Schools Act (PSA)
• Education Administration Act (EAA)

5
Intent of the Act

• YOA (Young Offenders Act)
• Misjudgments committed as a youth should not
  effect our adult life.
• Records are destroyed at 18 years old.
• Information is to be kept secret.

6
Intent of the Act

• PSA (Public Schools Act)
• EAA (Education Administration Act)
• Schools need to keep accurate record for
  efficiency and accountability

7
Intent of the Act

• PHIA (Personal Health Information Act)
• FIPPA (Freedom of Information and Protection of
  Privacy Act)
• An Individual should have access to all
  information about themselves.
• Such information is private and should be kept
  confidential

8
Collecting Information

• YOA
• We can only collect information on YOA issues if
  the information is given to us by an officer of
  the court.

9
How Can We Collect Information?

• Direct Collection
• From the individual
• (FIPPA and PHIA).

10
How Can We Collect Information?

• Indirect Collection
• With the consent of the individual (FIPPA and
  PHIA)
• Without consent, limited conditions under (FIPPA
  37.1) and PHIA (14(2)).

11
How Can We Collect Information?

• Guidelines
• Collect only as much information s is needed for
  the purpose for which it is collected

12
How Can We Collect Information?

• Guidelines
• When collecting directly from the individual,
  they must be informed of the purpose and
  authority for the collection and the name of a
  contact person.

13
Information Access Student

• PSA
• Minor pupils not allowed access, age of majority
  pupils may request access
• FIPPA PHIA
• All pupils request access
• YOA
• Does not allow students to access information

14
Information Access Parent

• PSA
• Minor pupils parents may request access, age of
  majority pupils must give permission
• FIPPA PHIA
• Parents may have access
• YOA
• Does not allow parents to access information

15
Information Access

• Person who has gained access to the file has the
  right to
• Examine the information
• Obtain a copy of the information
• Request the correction of, or file on objection
  to information in the file
• PSA recommends an employee competent to interpret
  the information be present to assist the
  student/parent

16
Denial of Access

• PSA (42.3)
• Minor pupils not allowed access, age of majority
  pupils may request access
• FIPPA (17-32) PHIA (11(1))
• Unreasonable invasion of third party privacy
  (health, law, income assistance etc.)
• Endanger mental health

17
Security

• FIPPA (41)
• Make reasonable security measures against
  unauthorized access, use, disclosure or
  destruction.
• PHIA (18-19)
• Make reasonable safeguards to ensure,
  confidentiality, security, accuracy integrity

18
Security

• YOA
• Security must be absolute

19
Third Party Access

• Third Party Access
• Access is allowed if consent has been given

20
Third Party Access

• Third Party Access Without Consent (PHIA 22(2))
• To provide health care unless specifically denied
  
• Necessary to prevent immediate risk
• Health review

21
Third Party Access

• Third Party Access Without Consent (FIPPA 44)
• Family Maintenance Act
• Provincial Auditor
• Mental or Physical Safety

22
File Transfers

• A principal must forward the pupil file when the
  pupil transfers out of the school and enrolls in
  another school (M.R. 468/88)
• The YOA does not permit the transfer of the Young
  Offender File component outside of the school
  division/district

23
File Transfers

• FIPPA and PHIA allow for the transfer of the
  personal and personal health information in the
  cumulative file component and the pupil support
  file component of the pupil file (with or without
  consent) because it is required by an enactment.

24
File Transfers

• Only information necessary of the schooling and
  provision of educational services should be
  forwarded
• Protect file from unauthorized access,
  disclosure, loss or destruction
• Pupil support file component should be
  transferred from professional to professional

25
Structures

• Transfer, storage or destruction of records must
  be done in accordance with a by-law or
  resolution. (FIPPA)
• Requires that a school board establish a written
  policy concerning the retention and destruction
  of person health information. (PHIA)

26
Structures

• Requires that every school board establish
  written procedures respecting the collection,
  storage, retrieval and use of information
  respecting pupils. (PSA)

27
My Files

• Security provisions.
• Information location cross-reference system.
• Decision making re access requests.
• Process and procedure for the culling of files.

• Procedure for confidential destruction of
  information.
• File transfer procedure.

28
My Files

• All files are school division files.
• Record only information necessary for the
  students education.
• Ensure student/parent knows records are kept.

• Insure they understand limits on confidentiality.
• Ensure all information is fact based.