Background
Grasslands School Division has a responsibility to protect students' personal information and respect their privacy. However, there are instances where sharing of information should occur in order to protect the safety of the student, other students or staff members, or the public. The information in question may be in a student record as described in Administrative Procedure 920 or it may be information that is not to be placed in a student record. One example would be information covered by The Youth Criminal Justice Act as it pertains to youth who are at least 12 but under 18 years old, and who are alleged to have committed criminal offences.
Sharing of this information shall be governed by the Children First Act as well as the Education Act, and regulations, and the Freedom of Information and Protection of Privacy Act.
Definitions
"Personal information" means recorded information about an identifiable individual, including
(i) the individual's name, home or business address or home or business telephone number,
(ii) the individual's race, national or ethnic origin, colour or religious or political beliefs or associations,
(iii) the individual's age, sex, marital status or family status,
(iv) an identifying number, symbol or other particular assigned to the individual,
(v) the individual's fingerprints, other biometric information, blood type, genetic information or inheritable characteristics,
(vi) information about the individual's health and health care history, including information about a physical or mental disability,
(vii) information about the individual's educational, financial, employment or criminal history, including criminal records where a pardon has been given,
(viii) anyone else's opinions about the individual, and
(ix) the individual's personal views or opinions, except if they are about someone else;
"Educational body" means
(i) a university as defined in the Post-secondary Learning Act,
(ii) a polytechnic institute as defined in the Post-secondary Learning Act,
(iii) a comprehensive community college as defined in the Post-secondary Learning Act,
(iv) Banff Centre as defined in the Post-secondary Learning Act,
(v) a board as defined in the Education Act,
(vi) a charter school as defined in the Education Act, or
(vii) a Francophone Regional authority as defined in the Education Act
"Service provider" means
(i) a department,
(ii) an educational body as defined in the Freedom of Information and Protection of Privacy Act;
(iii) a police service as defined in the Police Act;
(iv) an individual or organization that provides programs or services for children under an agreement with a public body as defined in the Freedom of Information and Protection of Privacy Act;
(v) any other individual or organization provided for in the regulations.
Regarding health information, "custodian" is as defined in the Health Information Act.
Procedures
Sharing of personal information must be on a "need to know" basis; usually this involves a small number of people. The superintendent should be contacted by an employee who believes that sensitive information that he/she possesses should be shared with others. Administrative Procedure 720 Employee Conduct states that employees "Shall not disclose information about students obtained in the course of professional service, unless disclosure serves a compelling professional purpose or is required by law." Inappropriate revealing of personal information could be a cause for employee discipline.
Service providers have often been hindered in assisting children and youth by the difficulty that there was in sharing information. Enabling legislation is in place to assist children and youth. Whether the personal information was generated by Grasslands or received from another service provider, Grasslands employees are expected to share a student's personal information only to benefit the student or to ensure the safety of others.
The following sections from the Children First Act shall guide Grasslands employees in decision-making connected to information sharing:
"Information-sharing for purposes of providing services
4(1) For the purposes of enabling or planning for the provision of services or benefits to a child, a service provider may collect and use either or both of the following:
(a) personal information about the child or a parent or guardian of the child from another service
(b) health information about the child from a custodian.
(2) For the purposes of enabling or planning for the provision of services or benefits to a child,
(a) a service provider may disclose to another service provider personal information about the child or a parent or guardian of the child, and
(b) a custodian may disclose to another custodian or to a service provider health information about the child
if, in the opinion of the service provider or custodian making the disclosure, the disclosure is in the best interests of the child.
(3) A service provider may disclose personal information and a custodian may disclose health information about a child to a guardian of the child if
(a) the disclosure is not contrary to the express request of the child, and
(b) the service provider or custodian making the disclosure is of the opinion that the disclosure is in the best interests of the child.