As schools and students begin another busy academic year, we often receive enquiries from teachers and other school staff about what they can and can't do with student information. So we've bundled some of these questions and the answers together in the FAQs below. If you are a school teacher or principal reading this, we hope they are a help to you. 

Can a school give student information to a DHB dental service?

Yes, it can but the school should inform parents and caregivers that it will be doing so.

District health boards (DHBs) collect student details for a lawful purpose connected with a function or activity of being a health agency. In this instance it is to deliver free dental services to children.

DHB dental services use school rolls to cross check with their own records so they can pick up children who might not be enrolled or whose details are out of date. There are obvious benefits for students in receiving dental health care and a low likelihood of any harm arising from the disclosure of student details to the DHB.

The school should review and consider the purposes for which it collects and uses student information and ensure that those purposes have been communicated to parents. If on review a school finds that parents are not aware that information may be provided to the DHB for delivering dental services, the school should notify parents and caregivers through a blanket communication like the school newsletter or special update.

We also recommend the school update its policy on the purposes that student information will be used for, if this is missing from its existing policy.

Can a school publish a child’s information?

Under the Privacy Act, the starting point for schools is that you must look after your students’ information and not release that information to third parties, unless that is one of the reasons for collecting it or you have been given clear permission to do so. 

Schools need to make their purposes clear when they collect information from students and parents. Schools should be open and transparent about how they intend to use student information; this should also apply to photos or any other type of recording. 

Many schools use photos of students in school publications, websites and on social media pages. When a child enrols in a school, the school usually asks parents to confirm that the school can use information, including photos of students, in its publications. 

Students should be able to opt out of having their photos used by the school. A student or his or her family’s refusal to have photographs or other personal information published on a school’s website or internet is not a ground to refuse enrolment. It is an optional activity and consent should be obtained. 

Can a school put parent details in a school directory?

Yes, you can but parents or caregivers should have the opportunity to be left out of the directory if they choose to.

School directories can be extremely useful to parents and caregivers. As one correspondent to our office put it, they can be invaluable in a scheduling crisis, for arranging last-minute pickups or for alerting other parents to an issue like a cancelled playdate or ‘that it’s mufti day tomorrow!’. The primary value is in giving parents a way to contact each other should a need arise.

Under the Privacy Act, an agency should tell individuals what it intends to do with personal information when it collects it. However, this minimum legal requirement may not be enough to protect the vulnerable, or to maintain good relations in the community. For example, if someone has escaped from a domestic violence situation, publishing their contact details could put them at risk.

To manage this privacy risk, schools need to examine the process behind their directories. The most privacy friendly approach is to get the active consent of the parent, but low return rates often means this is unattractive. At the very least give parents or caregivers the opportunity to opt out. This could mean telling parents that their information will be published in the directory unless they explicitly say they don’t want it to be published.

How does a school respond to a request for a student’s information?

In most cases, agencies are entitled to provide parents or guardians with information about their child. The Privacy Act allows a student’s information to be provided to parents and guardians because this is one of the purposes for which a school holds and uses information about children.

The Education Act is also relevant because it requires schools to report if there is anything affecting a student’s progress or harming the student’s relationships. 

This does not mean that parents are automatically entitled to all information schools hold about their child. There are times when information may remain confidential between the school and a student (such as for instance, discussions with a guidance counsellor).

We encourage agencies to take a pragmatic approach when dealing with requests for information from a child’s parent or caregiver. When dealing with older children, an important consideration will be whether the child is willing for their parent or caregiver to see the information.

Can a teacher tell someone if they are concerned about a child’s wellbeing?

If you have concerns about a child’s safety or wellbeing, you can report this to an appropriate person in your school and to an outside agency like Police or the Ministry for Children Oranga Tamariki. 

The law specifically allows for such reports to be made. Section 15 of the Oranga Tamariki Act says: “Any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated, abused, neglected, or deprived may report the matter to the chief executive (of Oranga Tamariki) or a constable.” 

Section 16 of the Act says that if you have made a report in good faith under section 15, you are protected against any civil, criminal or disciplinary proceedings as a result.

The Privacy Act also allows agencies and individuals to disclose information to prevent or lessen a serious threat to a child. That’s because an exception permits the use or disclosure of personal information where the use or disclosure is necessary to prevent or lessen the risk of a serious threat to someone’s safety, wellbeing or health.

If you want to rely on this exception, you should only disclose information to the person, body or agency which is able to do something to prevent or lessen the threat. You should also disclose only the information you need to make it clear why you believe there is a serious threat.

All these FAQs and many more can also be found on our AskUs privacy resource. You can find it here.

Image credit: School education learning via Wikimedia Commons.

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