Use by Board Personnel

Use by Board Personnel

Once a school division has collected personal information of an employee, the information is a record within the meaning of LAFOIP. The information can only be used if the use is justified by section 27 of LAFOIP.

“No local authority shall use personal information under its control without the consent, given in the prescribed manner, of the individual to whom the information relates except:

a) for the purposes for which the information was obtained or complied, or for a use that is consistent with that purpose; or

b) for a purpose for which the information may be disclosed to the local authority pursuant to subsection 28(2).”

Persons who need personal information of an employee in order to deal with an employee can use the record. This will usually include supervisors of the employee and other employees such as payroll administrators who may require access to specific information.

When an employee moves within the division, any file kept at the school can be transferred to the new school.

For further information on use of employee records by board of education (board) personnel please see case Steel v. Coast Capital Savings Credit Union, 2013 BSSC 527.

Making Copies of Employee Records for Internal Use

Only those personnel who require access to the record for their work can take copies. Policies and administrative procedures should provide that the copy is either returned to the file, filed in another way that is accessible if the employee requests, or is destroyed once no longer needed. If the person requesting is using the information in the normal course of work duties there is no need to make specific record of each time a copy is made.

If there is a legal proceeding, including a board of reference or arbitration, the employee will be entitled to see all relevant documents on his or her file, even those protected from disclosure under LAFOIP.

Use by Board Members

Board members do not have any more right than the public to look at records of employees unless it is required as part of their duties as board members. If they wish to use an employee record that use must fit within the requirements of section 27 of LAFOIP.

Members of the board will require access to certain records of any employee whose employment situation is under review by the committee.

Even when incidents with staff become public, board members do not have a right to details. Members of the public might want information from the board member but the member can refer questions on the issue to the spokesperson for the board. The board member does not need to reply directly and therefore does not need detailed information.

Another reason for board members to receive only minimal information is that board members may need to deal with employee issues arising out of the incident-the matter might come before the board in accordance with legislation or board policy. Allegations of bias or prejudice on the part of the board members may arise if members are provided with facts before they are required.