C.2 RECORDS MANAGEMENT POLICY
Policy:
Red River Valley School Division accepts as policy the practices and procedures outlined in the Manitoba Education, Training and Youth, Guidelines on the Retention and Disposition of School Division/District Records and the Manitoba Pupil File Guidelines, and shall ensure compliance with The Freedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act (PHIA).
The Chair of the Board will be the Head of FIPPA for the School Division. The FIPPA Officer, the Superintendent of the division, will be responsible for the appointment of the Information and Access Coordinator. It is the School Division’s desire that every request be dealt with in an expedient manner. Every request will be processed in accordance with existing legislation as set out in the Privacy Acts.
Procedure:
All formal requests for information received by the Division or by an individual school within the Division, will be directed immediately to the Information and Access Coordinator.
Cross Reference:
Manitoba Pupil File Guidelines
Legal Reference:
The Freedom of Information and Protection of Privacy Act (FIPPA)
The Personal Health Information Act (PHIA)
The Public Schools Act (PSA)
The Education Administration Act (EAA)
The Youth Criminal Justice Act (YCJA)
The Personal Information and Protection and Electronic Documents Act (PIPEDA)
The following documents are legal and binding, and determine our course of action:
THE PUBLIC SCHOOLS ACT (PSA): Section 42.1 to 42.6
Defines pupil files
Access to pupil files
Refusal of access
Appeal mechanisms for parents when board refuses access
Objections to information.
Section 58.6 and 58.9(2)
Right of parents to have access to his or her child’s pupil file
Right of age of majority pupil to have access to his or her pupil file.
THE EDUCATION ADMINISTRACTION ACT (EAA) - Manitoba Regulation 468/88
Describes some of the pupil information and records that School Divisions must keep. Responsibilities of principals with respect to pupil information.
THE FREEDOM OF INFORMATION and PROTECTION OF PRIVACY ACT (FIPPA):
Contains provisions respecting the right of access to records, including records of personal information.
Sets out rules respecting the collection, use, correction, protection and retention of personal information.
Subject to limited exceptions.
THE PERSONAL HEALTH INFORMATION ACT (PHIA):·
Contains provisions respecting the right of access by an individual to his or her personal health information.
Sets out rules that must be followed for the collections, use, protection, retention and disclosure of personal health information.
Subject to limited exceptions.
THE YOUTH CRIMINAL JUSTICE ACT (YCJA)
Sets out rules that govern access to, disclosure, retention, and destruction of recordS relating to young offenders.
Records of young offenders must be dealt with in accordance with this Act, even if they are part of a pupil file or some other file.· The Public Schools Act, The Education Administration Act, The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act do not apply to young offender records.
All references to the Young Offenders Act and the Young Offender File will automatically follow the guidelines as required by law through The Youth Criminal Justice Act.
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