Records Not Disclosed by Boards

There are some types of information for which exclusion from disclosure is granted or specifically required under LAFOIP and which should never be released to the public.

If access is refused, the specific section of LAFOIP which permits the refusal must be cited by the board of education (board).

Legal Advice

Section 21 of LAFOIP provides that advice from the board’s solicitor, correspondence with solicitors, and other legal documents subject to solicitor-client privilege should never be disclosed.

Personal Information

Section 28(1) of LAFOIP provides that personal information about employees, students, volunteers, board members cannot be released unless the individual consents to the release or unless there is a specific section of LAFOIP that allows the release of the information.

Personal information does not include information about salary, benefits, employment responsibilities, travelling expenses, or financial details of a contract for services and these details can be released without employee permission.

Third Party Confidential Information

Section 18(1) of LAFOIP provides that third party confidential information cannot be released without the consent of the third party. This would include:

  • trade secrets of a third party;
  • financial, commercial scientific technical or labour relation information; and
  • information that could result in financial loss or gain, or affect the competitive position or negotiations of a third party.

However, the board can give access to third party information:

  • when the public interest in the disclosure relates to public health, safety , protection of the environment; or
  • where the public interest outweighs the damage to the third party.