The Law, Personal Information and Copyright

School boards and private teaching institutions governed by the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information (Access Act) and private institutions governed by the Act Respecting the Protection of Personal Information in the Private Sector (Private Sector Act) must ensure that when Internet is used in school for educational purposes, the students' personal information is protected. Let us recall that under the law, personal information is information that concerns and can identify a physical person.

The Access Act and the Private Sector Act compel school boards and private teaching institutions to ensure the confidentiality of student data in their possession. Except in specific cases, no personal information can be divulged without the consent of the person concerned. If the person is a minor, the person holding parental authority may give consent.

Therefore, a student's personal data cannot be displayed on a school's Web site or used in other Internet functions without the parents' consent.

-Information Highway, Caution School Zone

To "suggest ways of ensuring the protection of personal information and, more broadly, the privacy of students in the educational environment," the Commission d'accès à l'information du Québec, in its publication Information Highway, Caution School Zone, offers recommendations for teachers, parents, elementary students, secondary students, schools and school boards.

Additional Reference Material

Direct link to the law

Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information (R.S.Q., chapter A-2.1) (especially chapters 3 and 7)

 

Conseil du trésor-Autoroute de l'information [information superhighway] Web site

Implantation de services de courriel dans les écoles : exigences à satisfaire afin d'assurer la protection des droits des personnes et le partage des responsabilités (Université de Montréal, Centre de recherche en droit public [Québec: Conseil du trésor, 2000])

 

Carrefour éducation Web site

Internet et la loi (This Web page presents information on copyright and the protection of personal information.)

 

 

Guide des droits sur Internet

A site that details your rights and responsibilities according to your role in the system and explains the risks and precautions that you should take.

 

Youth section of CBC Web site

Tech Tips
Introduction
Get Set for Life Privacy Policy

 

Information and Privacy Commissioner/Ontario

 

Three interesting pedagogical guides on access to information and protection of privacy are available:

What Students Need to Know About Freedom of Information and Protection of Privacy: A Study Guide for Elementary Schools: Grade 5 Teacher's Guide (Arlene Tanz [Toronto: Information and Privacy Commissioner/Ontario, 2000]) (PDF format also available).

What Students Need to Know About Freedom of Information and Protection of Privacy: A Study Guide for Secondary Schools: Grade 10 Teacher's Guide ( Arlene Tanz [Toronto: Information and Privacy Commissioner/Ontario, 2001]) (PDF format also available).

What Students Need to Know About Freedom of Information and Protection of Privacy: A Resource for Grade 11/12 Teachers (Arlene Tanz [Toronto: Information and Privacy Commissioner/Ontario, 2001]) (PDF format also available).
A list of links to related sites may also be consulted.