Privacy and Student Confidentiality
OTTAWA - Almost nine months after the death of a troubled Carleton University student who had spoken of suicide, privacy commissioners in Ontario and British Columbia have issued guidelines clarifying when schools and universities are allowed to disclose the personal information of students.
On Thursday, Ontario's Ann Cavoukian and B.C.'s David Loukidelis released joint guidelines that explain the types of emergency circumstances under which teachers and counsellors could or should release a student's personal information, without the student's consent.
The body of Nadia Kajouji, 18, was found by a boater in Ottawa's Rideau River in late April. The Carleton University student went missing on March 9. Her disappearance sparked a massive search, amid suspicions of foul play.
Later, however, information emerged about the state of her mental health, including that she had exchanged messages over the Internet with an American woman about committing suicide, and had sessions with a university counsellor
Mohamad Kajouji, the missing student's father, said at the time that his daughter wasn't coping well with school, but said he never knew she was depressed or suicidal.
Following Nadia Kajouji's death, privacy laws were cited as the reason that the university counsellor had not contacted the student's family about emerging concerns for her welfare.
In a statement accompanying the new guidelines, Cavoukian said that privacy laws "are not the problem."
"Tragedies can occur when people who could act do not do so, due in part to a misunderstanding of privacy legislation."
Loukidelis and Cavoukian say privacy laws in both provinces permit the disclosure of personal information in compelling circumstances. For example, the law states that professional psychologists may disclose information if a student's life, or that of someone else, is at risk.
The commissioners recognized, however, that many educators lack the background to properly interpret the law, thus tending to err on the side of non-disclosure.
The guidelines are described as a "practice tool" that consist of examples or scenarios for educators. One of the examples deals with a student who is severely depressed, with concerns arising about a possible suicide attempt.
Loukidelis said he wanted help write the guidelines because a university in B.C. also experienced a suicide.
Supporting / Referenced Documents
- Joint Press Release from BC and Ontario Privacy Commissioners
- Practice Tool for Exercising Discretion - Emergency Disclosure of Personal Information by Universities, Colleges and other Educational Institutions (30 Oct. 2008)
- 2000 Privacy Commissioners Report on Access to a School District No.5 School Counsellors' Records
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