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This investigation was initiated as a result of a complaint concerning a College of Applied Arts and Technology (the College).
The complainant had been a student in the College's nursing program. In the College's nursing division it was the practice of the professors to prepare anecdotal notes for each student. These anecdotal notes were reviewed by the students in weekly assessments with the professors, and were used in the preparation of the students' final evaluations. The complainant requested access to her anecdotal notes and was informed by the College that these notes had been destroyed.
The complainant was concerned that the College had prematurely destroyed the anecdotal notes, containing her personal information, contrary to the Freedom of Information and Protection of Privacy Act (the Act). She was also concerned about the security of the anecdotal notes, stating that the notes were kept in a binder readily accessible to all College students.
Issues Arising from the Investigation
The following issues were identified as arising from the investigation:
(A) Was the information in question "personal information", as defined in section 2(1) of the Act? If yes,
(B) Were the anecdotal notes in the custody or under the control of the College? If yes,
(C) Was the personal information retained by the College in accordance with section 5(1) of Regulation 460 under the Act, as amended by Regulation 532/93?
(D) Were reasonable measures in place to prevent unauthorized access to the personal information in accordance with section 4(1) of Regulation 460 under the Act, as amended by Regulation 532/93?
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