FOIP / CASL
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
RELEASE FORM AND NOTICE OF ACTIVITIES
(as required by the FOIP Act, Sections 32 (c), 33 and 37)
PARENTS – PLEASE READ CAREFULLY
The Freedom of Information and Protection of Privacy Act requires that parents/guardians be advised of the collection and use of personal information that is not authorized under the School Act. However, in the education and socialization of children, personal information is often collected and used for authorized programs and activities that are a normal part of school life.
Public Events (permission not required)
Many school events, which are open to the public, are not subject to some of the conditions of the FOIP Act. These events many include: general assemblies, concerts, school plays, special activities of contests, academic focused activities and athletics. The general public, parents and the media may be in attendance and are allowed to take photographs, videos and conduct interviews, without first obtaining consent. The media are expected to work cooperatively with schools within the realm of mutually agreed upon guidelines and protocol.
Other Events (permission is required)
Throughout the school year, there also may be opportunities to display your child’s schoolwork outside of school (i.e., malls, division office, etc.). There may be times when television, radio, newspaper, community organizations and the School Division are in the school providing outside coverage of events and programs not included in the public events category described above.
Canada’s Anti-Spam Law (CASL)
Canada’s Anti-Spam Law (CASL) came into effect on July 1, 2014 and will be enforced beginning July 1, 2017. CASL is federal legislation aimed at addressing the harmful effects of unsolicited commercial electronic messages or “spam”.
The new law generally prohibits the:
- sending of commercial electronic messages without the recipient's consent (permission), including messages to email addresses and social networking accounts, and text messages sent to a cell phone;
- alteration of transmission data in an electronic message which results in the message being delivered to a different destination without express consent;
- installation of computer programs without the express consent of the owner of the computer system or its agent, such as an authorized employee;
- use of false or misleading representations online in the promotion of products or services;
- collection of personal information through accessing a computer system in violation of federal law (e.g. the Criminal Code of Canada); and
- collection of electronic addresses by the use of computer programs or the use of such addresses, without permission (address harvesting).
This will affect school boards, schools and school councils when sending school related electronic communications to parents and students, service providers, stakeholders, volunteers or members of the public, where one or more of its purposes are to encourage the recipient to participate in commercial activity.
Examples of commercial activities that might arise in a school setting and result in the sending of “commercial electronic messages” might include:
- Online school newsletters and publications containing offers to purchase goods, products and services, such as apparel, yearbooks, school photos, travel offers, hot lunches and advertisements.
- Electronic publications recruiting individuals in connections with school programs.
- Fundraising activities.
CASL requires obtaining "express" or "implied" consent. Express consent means a person has clearly agreed to receive the message before it was sent. Consent may also be implied if there is an existing business or non-business relationship for at least 2 years. For example, parents who have been in our division since July 1, 2015 would meet the 2-year CASL requirement of an implied relationship.