FOIP and minors.

• Author: Boll, Rosemarie

A family law dispute often involves revealing people's most private information -- health records, employment histories, school, and financial records. Children under the age of 18 years do not have full legal capacity to do anything they want. They rely on their parents to do for them what they cannot do for themselves. Some parents, under the general concept of "parental rights," consider themselves entitled to see all of their child's personal information. But Alberta's Freedom of Information and Protection of Privacy Act (FOIP Act) protects minors, too, and sometimes the minor's privacy rights may conflict with her parents' desire to see her personal information.

Take, for example, schools. The government requires schools to keep records about their students. Sometimes people involved in child welfare or custody and access proceedings ask to see a school's information. From time to time, a lawyer representing a minor -- perhaps injured in a car crash or charged with a crime -- will want to see those records too. Sorting out who can see what depends on the type of information sought.

Schools must keep specific information on the official Student Record. This includes attendance summaries, test results, the courses the student is enrolled in, and so on. The Student Record may also include health information if the parent or student requests that it be placed on the Record. The School Act and the Student Record Regulations govern access to the Student Record. The Student Record may be seen by the following people:

* the student (at any age)

* the parent of a student under age 16

* any person (including a grandparent) who has access to the student under a separation agreement or a court order

* the parent of a student between ages 16 and 18 provided the student is not an independent student (only independent students themselves may see their own Record)

* after age 18, only the student

However, there is much additional information gathered at school that is specifically directed not to be placed on the official record:

* teachers' and principals' notes and observations that are not used in program placement decisions (including crises intervention counselling)

* Child Welfare information

* sensitive information that, if released, would be clearly harmful to the student, unless the release of the information would be in the public interest (for example, Young Offenders information)

Usually, this is the controversial stuff that people want to...