MC16-4

The Office of the Information and Privacy Commissioner of Ontario received a complaint alleging that the Toronto 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 who in turn contacted the student’s parents to advertise their services. 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 and 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 also conclude that the notice of collection of student photographs does not comply with section 29(2) of the Act; nor did the Board’s Service Agreement with the vendor include adequate provisions with respect to the protection of students’ personal information.