MC16-5

The Office of the Information and Privacy Commissioner of Ontario received a complaint alleging that the Hamilton-Wentworth District School Board (the Board) contravened the Municipal Freedom of Information and Protection of Privacy Act (the Act) when it disclosed a student’s personal information to a photography vendor. I conclude that the collection and use of students’ photographs for administrative purposes is in accordance with sections 28(2) and 31 of the Act, respectively. As well, I find that the Board’s notice of collection complies with section 29(2) of the Act and that the Board’s Service Agreement with the vendor included adequate provisions with respect to the protection of the students’ personal information. Furthermore, while I conclude that the Board’s disclosure of students’ personal information to the vendor for administrative and limited marketing purposes was in accordance with section 32 of the Act, I find that the disclosure for the vendor’s Pictures2Protect Program was not.