Good Spirit School Division Students Come First Privacy and Records Retention January 31, 2017 Fairview Education Centre

Legislation – tells us what to do The Education Act, 1995 The Local Government Elections Act The Local Authority Freedom of Information and Protection of Privacy Act The Youth Criminal Justice Act, 2002 The Archives Act, 2004 The goal of this presentation is to highlight the key points for managing our “Records” to ensure compliance with requirements of legislaiton The intent is to plant the seed in your minds when dealing with information that there are Acts that govern our actions .... And to look to the appropriate legislation and guides before acting to ensure you are in compliance. www.gssd.ca

The Local Authority Freedom of Information and Protection of Privacy Act LA FOIP Respecting the right of access to documents of local authorities and a right of privacy with respect to personal information held by local authorities Applies to all records collected, compiled, used and released by school divisions, including public documents LA FOIP applies to: (2) school divisions; (3) colleges and universities; and (4) municipalities of all types. These bodies are captured by the definition of “local authority”. www.gssd.ca

The Local Authority Freedom of Information and Protection of Privacy Act The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by: (a) giving the public a right of access to records; (b) giving individuals a right of access to, and a right to request corrections of, personal information about themselves; (c) specifying limited exceptions to the rights of access; (d) preventing the unauthorized collection, use or disclosure of personal information by public bodies; and (e) providing for an independent review of decisions made under this Act. The Saskatchewan Information and Privacy Commissioner has described the object of the statutes as this. In 1992, The Freedom of Information and Protection of Privacy Act (FOIP) was proclaimed. This enshrined two principles: 1. public records must be accessible to the public; and 2. “personal information” must be protected by public bodies. www.gssd.ca

The Local Authority Freedom of Information and Protection of Privacy Act Goals Accountability Purpose and Collection Consent Use and Disclosure Retention Safeguards Access Accuracy Open Compliance What we are working to achieve Accountability for personal information Purpose for collection is understood and explained to individuals, and collection is limited Consent is collected where possible Use and disclosure is limited and appropriate Safeguards are in place to protect the information Individual can access records and ask for changes to improve accuracy The policies are open to the public Compliance is monitored by a central office www.gssd.ca

The Local Authority Freedom of Information and Protection of Privacy Act What is a record? A record of information in any form and includes information that is written, photographed, recorded or stored in any manner. Examples: word documents, spreadsheets, letters, papers, e-mails, sticky notes www.gssd.ca

The Local Authority Freedom of Information and Protection of Privacy Act Access Individuals have a right of access to any record in government or local authority – PROVIDED they follow the appropriate procedures outlined in LAFOIP as well as Access to Information Legislation. If you are not sure – ASK first – no room to beg forgiveness after the fact www.gssd.ca

The Local Authority Freedom of Information and Protection of Privacy Act Access Each request is dealt with on an individual basis. The request must be specific enough to allow for determination of the record required. Any release of information must not contain information about other identifiable individuals. If you are not sure – ASK first – no room to beg forgiveness after the fact www.gssd.ca

Records Retention and Disposal Recorded information provides the basis for all school division activities Institutional memory Necessary for day-to-day work Records are necessary for decision making, policy development, legislative compliance, for meeting fiscal and legal requirements, program implementation, etc. It is a school division’s responsibility to ensure that consistent and reliable records management practices are followed. The guide for records retention and disposal was jointly developed by the Saskatchewan School Boards Association (SSBA) and the Saskatchewan Association of School Business Officials (SASBO) to assist school divisions in decisions on retention and disposal of records. www.gssd.ca

Records Retention and Disposal Managing Records – General Principles Original records should be maintained and used whenever practical Never release the original. The original may be viewed and copies provided. Copies can be made and retained if appropriate procedures are followed. Working with technology to develop processes for storage of records in electronic format which will meet the legislated requirements and user accessibility needs. www.gssd.ca

Records Retention and Disposal Managing Records – Specifics Personal information – maintained in accordance with LA FOIP Retained only as long as necessary Personnel Files – maintained in accordance with the terms of collective agreements and LA FOIP Personal information is information about an identifiable individual that is recorded in any form and that would reasonably be expected to be kept confidential. This is required whether or not it is contained in a public document. If personal records have been destroyed and an individual has requested access to them, the school division has to be able to demonstrate that proper management practises were followed. www.gssd.ca

Records Retention and Disposal Managing Records – Specifics Transitory records – temporary usefulness, needed only for a limited period of time to complete a routine task Examples: telephone messages, open envelopes, etc Special Consideration – e-mail Typical transitory records can be destroyed after use Some records that may seem transitory but have more meaning in performing business will also be considered a record. For example an opened envelope that is date stamped or a phone message as evidence of an individual calling on a certain date providing authorization to perform an activity. Email – if transitory – ie, setting up a meeting. However, if the message includes details regarding a matter to be determined, this could be considered a record and is to be filed and retained accordingly. www.gssd.ca

Records Retention and Disposal Managing Records – Specifics Permanent Records Accessible and retrievable Cost effective and legally acceptable Secured in a suitable environment The school division, centrally, has a lot of work to do in this area!! Again, I will be working with Shawn to look at long-term preservation in an electronic medium. www.gssd.ca

Records Retention and Disposal Schedule of records and retention periods ... Refer to the document Process .... If you wish to destroy any records please contact me so that this is completed as required and within the provisions of the Acts. www.gssd.ca

Privacy Protection Tips Ensure files are stored in a secured room or locked file cabinet When emailing a confidential document, ensure the document is password protected When sending a document, which contains personal information, to the printer set the print job to “Private Print” www.gssd.ca

Privacy Protection Tips Keep your desk area “clean” – ensure all documents containing personal information are stored away Computer is set to “lock workstation” mode when away from desk. Remember to shut down your computer at then end of the work day www.gssd.ca