Requirement for Confidentiality

Board of education (board) members will become privy to a great deal of information that is confidential or which is personal information of employees or students. Individual board members who breach confidentiality will be accountable for such breaches.

A board member who releases personal information of an employee or student is violating the privacy of that individual and is breaching the obligation of confidentiality. The person whose information is discussed may have a cause of action against the board member, and against the board of education itself.

If the information presented is untrue the board member may be open to a lawsuit for defamation.

If confidential information is released which causes damages to the board or to a third party, the board member may become personally liable for such damages.

While LAFOIP applies only to records and documents, similar principles will apply to verbal information.