Running head: FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

Platform for Action on Freedom of Information and Protection of Privacy

Kristin Miller
City University of Seattle
ECC 513: Ethics and Law for School-based Practice
Dr. Paul Stewart
July 19, 2016

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

The role of administrators is to ensure situations are handled in a course of action that is
resolved in a professional manner. Pending on the situation, there can be an ethical decisionmaking process and obligated legal guidelines to be followed. Ultimately, it is the legal
responsibility of all educators to ensure that students are provided in a safe and caring learning
environment, where each student is cared and respected for (Education Act, 2012). In Canada,
the Charter of Rights and Freedoms (1982), illustrates that every individual has the right to equal
protection. For the purpose of this paper, the legal aspect of confidentiality and school rules,
specifically in regards to the Freedom of Information and Privacy Act, in regards to students will
be focused on.
The Freedom of Information and Privacy Act (FOIP Act), ensures the privacy to
individuals by leading the manner in which the public can collect, use and control personal
information. It ensures that individuals are open and accountable to others by providing a right
to access records. There are five purposes that are set by the FOIP Act. This includes: a right to
access records, protection of personal privacy, a right to access individuals own personal
information, a right to request a correction and the right for the independent review of decisions
made by public bodies (Alberta Government, 2009). This legislation applies to school boards
with the purpose to balance between the publics right to know and a persons right to privacy.
In regards to the FOIP Act, Red Deer Catholic School Division established an
administrative procedure to address this legislation. In the administrative procedure, the Division
stated that they are to manage information in a manner that aligns with the expectations set out
from the Boards commitment. This commitment is in ensuring the protection of personal
privacy of individuals is linked to the provincial legislation (Red Deer Catholic District, 2009).

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As illustrated in the Red Deer Catholic Administrative Procedure (2009), the

superintendent of the school board is designated and responsible to ensure that the provisions
from the Freedom of Information and Protection of Privacy Act are fulfilled with the Division.
Next, it is the responsibility of the Secretary-Treasurer to manage the provisions set forth from
the Act within the District. Last, the principal of each school has the role of being the coordinator
in regards to the FOIP Act. Thus, all members of the system work together to ensure the
expectations from the FOIP Act are being met.
Pending on the scenario, confidentiality versus school rules can establish ethical and legal
dilemmas. In regards to my own personal situation in an elementary school setting, legal steps
were obligated to be carried out. Such scenario involved a custody issue where a mother had
court papers that the father of the child was not to have any contact and information in regards to
the child. The mother requested a FOIP form for her child and in doing so was provided with
assistance in dealing with the FOIP request. An effective leader should ensure that the court
papers are read thoroughly and clearly understood. Common grounds of understanding should be
ensured by the administrator, vice-principal and possible other sources. Based on the request,
administrators are responsible to ensure proper procedures are taken place.
Disclosure of personal information of students and parents in a school setting, as related
to the FOIP Act, have obligations and conditions that must be carried out by public bodies where
information is in their custody. For several reasons, such as the purpose of carrying out effective
practices in a school setting and ensuring the safety of all students, schools are to balance
carefully retained information from individuals. Several sections of the FOIP Act such as
sections 33, 39, 40 and 41 should to be looked at by the school system and together considered
how a school system collects and uses information that is gathered about students and parents. It

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is also the role of parents and students to provide information to schools. However, this may look
different pending on the age of the student and possible other factors (Alberta Government,
2007).
The administrator of a school has several obligations that must be carried out in regards
to the FOIP Act and their Districts administrative procedure. The principal is to ensure that the
information collected under their custody meets the requirements of the FOIP Act. It is the
responsibility of the principal in providing information that can be released with a request of
FOIP. Connections to the FOIP Coordinator and the principal are to be established as the
principal can provide the coordinator with the necessary information based on FOIP requests.
Seeking out resources can provide feedback in regards to any issues, concerns and questions an
administrator may have in regards to the administrative procedure.
A parent may request for their child to be protected under the FOIP Act. With this
request, necessary procedures are to be established. Consent must be obtained in writing,
electronic form and orally. This consent must include whom the information may be disclosed to
and how it may be used. However, schools do not need consent to disclose information based for
educational purposes (Alberta Government, 2009). The administrator should take the approach in
explaining and clarifying any questions based on the request by the parent. They should also
provide the parent with a contact in regards to any other questions they may have. It is important
that the school system does respect and carefully consider the use and disclosure of any
information.
It is the role of the administrator to provide the necessary information to all staff
members to ensure everyone understands the importance of the FOIP Act, what procedures to
take and who is consented under the FOIP Act. The principal should explain that all the

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information that is collected, for example through emails and notes must be stored properly.
These records must not be left on desks or in places that the general public might see and can
therefore have access to them. The principal should ensure that close communication is
established to outside members, such as news reporters, in ensuring that they are informed of
students who are consented under the FOIP Act. If any pictures are to be published publicly, the
principal and teacher should ensure that the pictures are observed prior to any publication. It is
therefore important that the administrator is proactive and takes the necessary steps to ensure
members understand that this information is sensitive, confidential and must be secured properly.
Moreover, the scenario I was faced with in regards to a mothers request for her child to
be protected under the FOIP Act, did flourish decisions to be made based on an ethical dilemma.
The child who was in my classroom, was emotionally struggling with the divorce of her parents.
Her real father was not to have any contact with her and this created turbulence for the child.
Divorce is stressful, and although some children possess coping skills to adjust, some children
are more vulnerable than others (Coon & Mitterer, 2004). The combination of vulnerability,
impaired parenting and conflict can be hard on a child (Hetherington & Kelly, 2002). This led
into a further decision that I was faced with in regards to confidentiality and the school rules.
Seeking out my resources assisted me in handling this scenario in a responsible manner. An
effective leader will not work in isolation. They will demonstrate responsibility for all students
and will act in the best interest of the student (Alberta Education, 2009).
As an educator I had to choose between maintaining trust of a confiding student of mine
and abide by school rules which obligates me to report confided information. This child reported
to me information that created a dilemma of confidentiality which encompassed my decision on
my professional boundaries. In my position, I must ensure I am always doing what is legally

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right but also consider what is ethically and morally right. I must treat the student with dignity
and respect that student and parent throughout any process I take. Maintaining the health of the
child and safety of all children is of great importance.
At the same time, I need to ethically understand my own personal bias. Biases can disrupt
the decision making process and it is therefore crucial to minimize these biases. An effective
leader understands that they themselves can influence a decision making process and be
influenced by others. They demonstrate sensitivity to others in a caring and respectful manner
and act with dignity and integrity (Alberta Education, 2009). To minimize their impact, I believe
they need to be open-minded to search for relevant information. They work as part of a team and
seek outside opinions. I do the right thing because it is the right thing to do, (Alberta
Education, 2010).
An educational leader must ensure situations are handled in a course of action that is
resolved in a professional manner. At the same time, educators need to ensure their legal and
ethical responsibilities are aligned in always doing what is best for all students. It is foundational
to ensure trusting relationships are established with colleagues, parents and students with the
ultimate purpose of ensuring a safe and caring learning environment. Communication skills are
essential in leadership. An effective leader knows who and where to seek out necessary resources
and values the importance of teamwork. They create a safe environment through open-dialogue
and seek out multiple resources and perspectives. Every situation is unique and it is the role of an
administrator to take the necessary procedures based on an action plan.

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References
Alberta Education (2009). Principal quality practice guideline: Promoting successful school
leadership in Alberta. Retrieved from http://goo.gl/kuGqmI.
Alberta Government (2009). Freedom of information and privacy act. Retrieved from
http://www.servicealberta.ca/foip/.
Alberta Government (2007). Using and disclosing personal information in school jurisdictions.
Retrieved from http://www.servicealberta.ca/foip/documents/PerInfoSchool.pdf
Canadian Charter of Rights and Freedoms, s 2, Part I of the Constitution Act, 1982, being
Schedule B to the Canada Act 1982 (UK), 1982, c 11.
Coon, D., & Mitterer, J. (2004). Introduction to psychology. Thomson Learning.
Education Act, Statutes of Alberta (2012). Retrieved from the Queens Printer
website: http://www.qp.alberta.ca/570.cfm.
Hetherington, E. M., & Kelly, J. (2003). For better or for worse: Divorce reconsidered. WW
Norton & Company.
Red Deer Catholic District. (2009). Freedom of information and protection of privacy
administrative procedure. Red Deer, Alberta. Retrieved from http://rdcrs.ca/ourdivision/documents#_