Should the fact that someone is or has been registered at the University of Manitoba be considered as confidential information?
Yes. Under FIPPA a student's name and educational history are considered to be personal information and, as such, are protected under the Act. When the student graduates and the name is placed in a convocation booklet this printed information becomes public and FIPPA no longer applies.
Do I need to keep my email messages?
A record under
the act is a record of information in any form. This includes copies,
drafts or other working materials, information recorded or stored by
electronic means or in any other format, including film, photographs,
video, cassette, emails and so on. Retention times for email is currently
under review by the Access & Privacy Coordinator's Office. For units whose
records have already been put on a retention schedule the retention
time of emails should be coordinated with the corresponding record
grouping. For units not yet analyzed, if a decision is made based on
email, that directly affects an individual in so far as the granting or
denial of a benefit, the email must be kept for a reasonable amount of
time, no less than three months.
Do I need to keep my voice messages?
If
a decision is made, based on voice mail, that directly affects an
individual in so far as the granting or denial of a benefit, the voice
message should be transcribed into notes and the notes retained for a
reasonable length of time. Note that University voice mail systems do
not deliver a complete range of functions when voice mail is full.
Deletion becomes obligatory and, therefore, it is necessary to
transcribe messages that directly affect individuals.
I have prepared written notes for each of my classes. Can students obtain access to these notes?
No. FIPPA does not apply to the teaching materials or research information of an employee of an educational institution. Similarly, FIPPA does not apply to annotations, related to teaching, that are made in the teaching materials.
Can students obtain access to the answer key for an examination?
No. The University maintains that release of the answer key would compromise the future use of the exam questions. (FIPPA does not apply to questions that are to be used on an examination or test.) The grading system applied to a test or examination may, at the professor/instructor's discretion, be explained to the student. Grading systems must conform to ROASS policy.
Can students or other researchers obtain access to my research notes?
No. FIPPA does not apply to the research information of an employee of an educational institution.
If a student asks to see his or her graded test or examination am I obliged to produce it?
Yes. The student has the right of access to the student's own personal information, including education history that is held by a local public body such as the University. Access cannot be denied without invoking a clause of the Act to justify the denial. The student may view his or her own examination twenty-one days or later from the time grades are released. The examination should be viewed in the presence of the examiner/professor/instructor or a department-appointed staff member. At the professor/instructor's discretion a copy of the examination may be provided. Note, however, that such a release may compromise the future use of the exam questions.
Can a student obtain access to his or her written evaluation or progress report?
Yes. A student has the right to view and receive a copy of his or her written evaluation or progress report if such a report exists. Such evaluations and reports are commonly created in graduate programs and practicums. It is recommended that deans' offices coordinate the creation of copies, and that copies be dated and stamped with department names.
In the context of the University who are the first party, second party, third party in an access request?
The first party is anyone, whether student, staff, or a member of the public, who makes a request under FIPPA. The second party is the local public body, that is, the University, to whom the request is made. The third party is a person, group, or organization who is neither the individual requesting the access nor the public body. An example might be a situation in which a student requests access to notes made of a conversation he had with a faculty advisor. In this case the student is the first party, the University is the second party, and any other individual referred to in the notes is a third party.
Is the professor/instructor the second or the third party in an access request?
If the professor/instructor is acting on behalf of the local public body, that is the University, (s)he is considered to be the second party. If the professor/instructor is acting as an individual (s)he is considered to be the third party. However, in January, 2001, a provincial legal interpretation suggested that under some circumstances the professor/instructor, even though acting on behalf of the University, might still be considered as the third party. This has yet to be tested.
I keep a daily journal about my contacts with students. Can a student obtain access to any sections of the journal dealing with him/herself?
FIPPA applies to records produced in the daily course of work. Once a record is created it becomes an "official" record, and, as such, can be requested. A student has the right to request access to "any record in the control of a public body, including a record containing personal information about the applicant." In order to deny access the University FIPPA Review Committee must determine that such access would be an unreasonable invasion of the professor's privacy. Because all records produced in the course of work can potentially be accessed, it is recommended that care be exercised in their creation. Daily journal notes, emails, telephone transcriptions, annotations, and formal documents should all be phrased in temperate language.
I keep information about students in various files that are related to different matters. Can a student obtain access to materials that are outside his or her primary student file?
FIPPA applies to all records in the custody or under the control of the University (with some limited exceptions as stated in the Act). (A "record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means including by graphic, electronic or mechanical means. In most cases, the term "custody" means having physical possession of the record. The term "control" usually means the power or authority to make decisions respecting the use or disclosure of the record.) FIPPA applies to all correspondence, reports and other documents and recorded information received by the University from an outside organization or individual, as well as those generated by the staff and officials of the University in the course of their duties. Thus, records that are created or received in the delivery of authorized University courses and programs are subject to FIPPA. A student has the right to request access to any and all records/files/documents that contain information about him/herself. In order for the requested access to be denied it must be determined by the University FIPPA Review Committee that the requested records fall within one or more of the exemptions specified in the Act.
I produce rough notes of telephone calls I have with my students. Can I destroy these?
If you subsequently produce a final record then these notes are considered as drafts and can be destroyed. If no final record is created then the notes become the official record. Under FIPPA, if the notes are used as the basis for a decision that grants or denies a benefit to an individual, then the notes must be kept for "for a reasonable length of time." A minimum of three months is recommended.
What is an appropriate method for posting of marks?
Marks should be posted in such a way that the identity of the student will not be revealed and cannot be ascertained. Students' names should not appear in the posting. Grades can be listed in numeric sequence by student number, providing that the student numbers in no way correspond to an alphabetical order of students' names. If there is a student number that stands out as different (for example, it starts with a 0), don't post it. For greater protection, post by using only the last five digits of the student numbers. If the class is small, don't post the grades; find another way of returning grades, tests and papers.
How should I return graded papers and essays to students?
Papers should be returned to students in a manner that prevents other students from having access to personal information. Papers and essays can have grades and comments placed on the inside back cover. Papers can be handed back during class, under supervision. Graded papers should not be left in "mail boxes." These suggestions represent minimum standards; individual faculties may have stricter standards and academic staff should refer to these.
What should I do with graded tests and examinations that are not intended to be returned to students?
Since students may request to view graded tests and examinations these records should be retained for a reasonable length of time. It is recommended that examination scripts be retained a minimum of six months following the expiration of the appeal period. (The appeal period is the twenty-one days following the release of grades by the Student Records Office.) Examinations written off campus should also be retained a minimum of six months following the expiration of the appeal period. This total time of six months plus twenty-one days may be divided between the off-campus site and Fort Garry Campus. Tests and examinations, no matter where they are located, should always be retained in an area that provides security against unauthorized access, use, disclosure, or destruction of records.
After the retention period has expired what should I do with tests and examinations?
These documents should be destroyed under controlled conditions. The destruction should be implemented in such a way that no unauthorized person can gain access to the documents. Tests and examinations written at an off-campus location may be destroyed at the site if sufficiently controlled conditions are available. Otherwise, the professor/instructor should return the examination papers to Fort Garry Campus for controlled destruction. A good method of destruction is confidential re-cycling. (Confidential re-cycling is a method of shredding by which only authorized personnel have access to the records. The examinations are sealed in boxes, the boxes moved to an enclosed shredding site, unsealed, and the examinations shredded under supervision.)
What should I do about unclaimed student assignments?
At the beginning of each term, your students must be made aware that unclaimed assignments will become the propety of the University and subject to destruction. If the assignment in quesion is not needed for appeal or disciplinary action, it may be destroyed at a minimum of 4 months after the end of the term. The destruction of unclaimed assignments must be done through confidential shredding. Please see our guidelines on Unclaimed Student Assignments for more information.