Independent Schools

The Personal Information Protection Act (PIPA)

British Columbia has had the Freedom of Information and Protection of Privacy Act (FOIPPA) since 1993. FOIPPA regulates the collection, use and disclosure of personal information by public bodies. It applies to boards of education and francophone educational authorities as defined in the School Act but it does not apply to independent schools.

There is a separate legislative framework for the protection of personal information in respect of bodies that are not public bodies.

The federal government brought the Personal Information Protection and Electronic Documents Act (PIPEDA) into force in January 2004. British Columbia chose to introduce its own legislation, namely the Personal Information Protection Act (PIPA), which regulates the collection, use and disclosure of personal information by private organizations.

There was some overlap in the application of the federal and provincial legislation. However, in October 2004, the federal government exempted any organization to which PIPA applies “in respect of the collection, use and disclosure of personal information that occurs within the Province of British Columbia.” PIPA applies to independent school authorities.

What do Independent Schools need to Know?

There are three basic principles in PIPA that apply to independent schools:

  • Independent school authorities must not collect, use or disclose personal information without the consent of the individual (unless otherwise permitted under the Act).
  • On or before collecting personal information about an individual from the individual, independent school authorities must disclose to the individual verbally or in writing the purposes for the collection and, on request, contact information.
  • Independent school authorities may only collect, use or disclose personal information for the purposes that a reasonable person would consider appropriate in the circumstances and that fulfill the purposes the independent school disclosed or are otherwise permitted under the Act.

Independent school authorities will have to advise students, parents and employees for what purpose they are collecting personal information about them, to obtain their consent for the collection, use and disclosure of the information, and to only use and disclose the information in accordance with stated purposes.

Under PIPA, students, parents and employees have the right to access their own personal information held by independent schools. Moreover, the commissioner under PIPA can investigate complaints about independent school authorities' handling of personal information. PIPA does not apply to information that was collected before it came into force.

What do Independent Schools need to do?

In general, independent school authorities will have to take the following steps to comply with the legislation:

  • designate one or more individual(s) to be responsible for compliance with PIPA;
  • develop and follow policies and practices in order to meet the obligations under PIPA and make these available to students, parents and employees; and
  • develop a process to respond to complaints regarding the application of PIPA.

Independent school authorities are encouraged to meet with their own legal counsel in order to review the legislation and to determine what steps to take to comply with it.

Examples of situations that Independent School Authorities may face:

  • An employee's and student's e-mail online communications using the independent school's computer system will be personal information under the new legislation. Will independent school authorities have to obtain consent or post a notice before monitoring internet use?
  • How much consent is required with respect to the collection, use and disclosure of employees' and students' medical records?
  • Will an employee have the right to access an evaluation in a job competition s/he lost?
  • In a complaint under the federal legislation, employees complained that the employer had placed their social insurance numbers on a charity's pledge form, which was a purpose to which they had not consented. How careful will independent schools have to be?

Summary:

  • PIPA applies to independent school authorities.
  • PIPA requires independent school authorities to obtain consent from individuals when collecting their personal information and to be transparent about the use and disclosure of the information.
  • PIPA provides individuals with the right to request the personal information that has been collected about them.
  • A commissioner will monitor the administration of PIPA and investigate complaints.

Note: The above does not contain and should not be construed as legal advice. Independent school authorities are encouraged to seek legal advice in order to determine what steps to take to be in compliance with the PIPA.