Personal Information

Personal information is defined in section 23 of LAFOIP as personal information about an identifiable individual and includes information about:

  • race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin;
  • education;
  • criminal history;
  • employment history ;
  • financial activities;
  • health history, home address and phone number;
  • personal views or opinions of the individual;
  • private or confidential correspondence sent to the board of education (board);
  • views or opinions of another person about the individual;
  • tax information; and
  • the name of the individual if disclosure would reveal personal information.

Section 28 of LAFOIP provides that a local authority shall not disclose any personal information unless:

  • the consent of the person to whom it relates is obtained; or
  • the local authority is authorised to do so by a specific section of LAFOIP.

Section 28 of LAFOIP sets out in detail the circumstances under which personal information may be released without the consent of the individual. It does not require the board to release the information but allows the board to use its discretion to do so. Personal information may be released:

  • for the purpose for which the information was collected or a purpose consistent with that original purpose;
  • to comply with legislation, court orders and subpoenas;
  • to legal counsel of the board;
  • to enforce the legal rights of the board, including collection of debts;
  • when requested by a law enforcement agency or other investigative body listed in the LAFOIP Regulations, for the purposes of an investigation;
  • pursuant to a written agreement with another government agency for the purpose of administering or enforcing laws;
  • for research purposes as long as certain protections are in place;
  • to protect the mental or physical health of safety of any individual; and
  • in compassionate circumstance to assist contact with relatives of injured or deceased persons.

Personal information can also be released without consent when, in the opinion of the head:

  • the public interest in disclosure clear outweighs and invasion of privacy that could result from the disclosure; or
  • disclosure would clearly benefit the individual to whom the information relates.