The nature of the contents, and manner which such content is maintained, stored
and disclosed, is articulated in a policy document titled Ontario Student Record
(OSR) Guideline.^41 The Guidelines state that as per the Education Act, “only
supervisory officers and the principal and teachers of the school have access to
the OSR for the purpose of improving the instruction of the student”.^42 Every
student has a right to access her or his OSR, and parents also have that right if
the student is under the age of 18.^43 A student or parent may request the
removal of information maintained in the OSR if it is inaccurate or no longer
“conducive to the improvement of instruction of the pupil”.^44 The contents of the
OSR are privileged.^45 The OSR is often a useful starting point when exploring
and advising on education related matters.
- Access to Information
The collection, use, storage and disclosure of students’ personal information by
publicly funded school boards are governed by the Municipal Freedom of
Information and Protection of Privacy Act (MFIPPA).^46 With regards to Provincial
Schools and Demonstration Schools, the governing legislation is the Freedom of
Information and Protection of Privacy Act (FIPPA).^47 The Information and Privacy
Commissioner of Ontario released a revised guide which provides helpful
information when navigating access to information legislation as it applies to the
OSR and other student’s personal information.^48
(^41) Ministry of Education, Ontario Student Record (OSR) Guideline, (Toronto: Queen’s Printer for
Ontario, 2000) online: Ministry of Education
<http://www.edu.gov.on.ca/eng/document/curricul/osr/osr.html 42 > [OSR Guideline].
43 Ibid at 14.^
44 Ibid. See also Education Act, supra note 3, s 266(3).^
45 Education Act, supra note 3 at s 266(4). See also OSR Guideline, supra^ note 41 at 22.
46 Education Act, supra note 3 at s. 266(2).^
47 RSO 1990 c M-56.^
48 RSO 1990 c F-31.^
Ann Cavoukian, A Guide to Ontario Legislation Covering the Release of Students’ Personal
Information, revised: June 2011 (Toronto: Information and Privacy Commissioner, 2011) online:
IPC http://www.ipc.on.ca/images/Resources/educate-e.pdf.