As we reach the conclusion of the school year I am fielding many requests related to student data and the use of online tools.
Understanding how data about our students' is collected, stored, and shared is an ongoing priority but is especially relevant this year when the introduction of many online tools (including our online learning platforms) progressed rapidly and without the opportunity for detailed staff education.
In an effort to provide clarification on the many levels of student data legislation and guidelines I have put together the following document that outlines the ICT Considerations of our governing student data documents. This document is designed to be a "living document" that will continue to be updated based on further information and clarification as to the use of online tools and their implications on student data.
The collection of student data within Manitoba schools refers to the, “entire collection or repository or information and documentation compiled or obtained by the staff or a school or school division... relating to the education of the students” (2012, Manitoba Pupil File Guideline, pg. 1).
While this is traditionally referred to as the formal “Cumulative Folder” it also encompasses any and all data collection used to compile the data that is later summarized within the “Cumulative Folder”. This is sometimes referred to as the “working files” (2012, Manitoba Pupil File Guideline, pg. 39). Both physical and electronic tools to compile and store student data are subject to the following privacy and security guidelines. All student data is subject to the stipulations outlined in the Manitoba Schools Act.
Mountain View School Division Procedures
Each school division develops and adopts their own administrative procedures related to student records, confidential information, and information communication technology (ICT). The following outlines MVSD procedures as it relates to the use of electronic tools.
Section A – School Administration – Student Records
The responsibility of the Pupil File is subject to the following conditions:
o The division retains the custody and control of all recorded information that it generates or receives about the student
o Any record that any employee initiates about the student during employment with Mountain View School Division is divisional property and therefore subject to access by the Division and/or subpoena by court of law
o A pupil file is subject to access and privacy provisions that apply to other personal information (FIPPA) and personal health information (PHIA) about any specific student
C. 2. Access to School Records – External
a. Mountain View School Division is responsible to ensure compliance with all requirements that govern access to information and protection of privacy, as that access applies to pupil files, irrespective of the source of the information
C. 6. Retention/Destruction of Pupil Files
The Division and/or its schools shall retain or destroy Pupil Files according to the retention and disposition guidelines established by Manitoba Education (Manitoba Pupil File Guidelines, revised edition of 2012.) Material culled from files must be destroyed in a manner that protects the privacy of the student.
Copies, duplicates, and drafts that are destroyed do not need to be documented. Other material that is no longer relevant and is destroyed should be documented and the documentation passed on to the principal to be kept on file.
Section A – School Administration – Acceptable Use Procedure, Information and Communication Technology (ICT)
A. Information and Communication Technology Guidelines
While using the Internet and/or communicating electronically at school it is expected that students and staff will:
2. Not reveal personal information about others, including their family name, address, picture, phone number and fax number (applies to both staff and students);
5. Respect the rights and privacy of other users of ICT;
11. When using personal electronic communication devices, whether in school or elsewhere, it is expected this will occur in a manner which is respectful, safe, and legal.
12. Accept consequences of inappropriate use of technology.
B. Mountain View School Division’s Rights and Responsibilities
1. Mountain View School Division reserves the right to monitor all activities involved in the use of computer technology.
3. Mountain View School Division reserves the right to deny access of computer technology to any individual who violates these procedures.
Manitoba Teachers’ Society (MTS) Code of Professional Practice
“One of the responsibilities of all public school teachers in the province is adherence to the Code of Professional Practice. The Code of Professional Practice establishes the required standards of conduct for all members of The Manitoba Teachers’ Society, whether acting in an employed position under a Collective Agreement, or acting in an appointed or elected position. A member’s professional behaviour must reflect the spirit as well as the letter of the Code.”
The following outlines the MTS Code of Professional Practice as it relates to data collection:
1. A Member’s first professional responsibility is to the Member’s students;
2. Member acts with integrity and diligence in carrying out professional responsibilities;
5. A Member respects the confidential nature of information concerning students and may give the information only to authorized personnel or agencies directly concerned with the individual student’s welfare;
Information Included in FIPPA & PHIA
The office of the Manitoba Ombudsman has confirmed, “Under FIPPA and PHIA, public bodies must ensure that personal information and personal health information is appropriately collected, used, disclosed, and destroyed in a manner that is consistent with the legislation. In order to ensure that the student information provided to these online companies will be protected, you may consider reviewing the company’s terms of service or privacy policy prior to entering into an arrangement. A review of these documents could assist you in determining how much student information the company collects, how they will use and store the information, whether they intend on disclosing the information to any third parties, and when and how it will destroy any personal information it may collect from your students. You may also want to consider whether the incorporation of these online tools are appropriate in relation to the school division’s current policies and procedures.”
Personal Health Information is rarely collected by individual educators but they regularly collect information covered under The Freedom of Information and Protection of Privacy Act (FIPPA). This includes any records that collect:
Student names
Education results
MTS Guiding Principals for ICT Implementation
“Members should be protected against the risks inherent in the implementation of ICT in their schools and workplaces in respect of privacy, confidentiality and personal security. Appropriate training, safeguards, oversight and information should be provided on all aspects of ICT security protocol and conduct for all users.”
ICT is an ever-evolving field with many programs/tools providing automated updates to features that are often out of the control of users. Divisional ICT Teams are tasked with communicating information as it relates to appropriate use to Senior Admin and School Principals who are tasked with facilitating the capacity of their staff to understand how ICT affects their unique teaching scenario.
The Personal Information Protection and Electronic Documents Act
The PIPEDA looks at how information is collected, stored, and shared electronically and provides guidelines related to the privacy and security of such documents. At this time Manitoba does not require compliance with PIPEDA (although other provinces do) but it is considered good practice by organizations such as MAETL and ManACE to review the PIPEDA and adopt aspects that are manageable by individual organizations.
Resources for Further Learning
Government of Manitoba. (2020). FIPPA For Public Boards Resource Manual.
Government of Manitoba. (2012). Manitoba Pupil File Guideline.
Government of Manitoba. (2020). Manitoba Schools Act.
Manitoba Teachers’ Society. (2017). Knowing the Code. MTS Code of Professional Practice.
Manitoba Teachers’ Society. (2020). MTS Guiding Principals for ICT Implementation.
Media Smarts. (2020). Young Canadians Speak Out: A Qualitative Research Project on Privacy
MVSD. (2013). MVSD Administrative Procedures – Student Records.
MVSD. (2015). MVSD Administrative Procedures – Acceptable Use Procedure, Information and
Office of the Privacy Commission of Canada. (2020). The Personal Information Protection and