2.2 Student Rights to Privacy and Information
Learning Outcomes
Identify privacy, confidentiality, and safety expectations and how to report incidents
Explain what to do in several high risk situations
Student Information Privacy and Right to Information
Conestoga recognizes its responsibility to uphold student rights and rights to privacy. Important policies related directly to students’ rights to privacy include FIPPA and PHIPPA. This legislation governs the collection, use, and disclosure of personal information and protects the confidentiality of that information. It also enables students to access information about them.
Here are some examples of the rights students have to privacy and confidentiality:
- Faculty may not force a student to turn on their video camera in a typical Zoom or MS Teams learning environment (except to confirm identity during a graded presentation or exam).
- Students have a right to privacy about their documented disabilities and are not required to share their medical diagnosis with faculty.
- Faculty must use official channels of communication (email and eConestoga for written communication, Zoom or Teams for online meetings).
- Faculty should refrain from meeting off campus with students.
- Faculty may not share student grades with anyone other than the student.
- Faculty must share concerns about student information breaches with the College Privacy Office.
- Students have the right to follow the medical advice of their doctor or physician.
- Anyone may make a formal request for information (ROI) for access to their personal information or any information about them.
Conestoga has a webpage that explains more about student’s right to Privacy and Freedom of Information, where to get more information, and who to contact in cases of information breach.
Student Privacy and Confidentiality Scenarios
This section provides some fictional but realistic scenarios that may occur in your teaching. Review the scenarios, the questions, and the answers for each scenario. If you have any questions, contact your professor.
Scenario 2.2A – Synchronous Online Class Rights
The Zoom Privacy information indicates that, unless it is a live presentation or real-time exam situation, students have the option to turn on or off their video camera/web cam when using Zoom or Teams for class. While you can encourage students and describe the benefits of using the web cam, students have a choice.
Let’s look at the rights that a student has to turn off their camera in a synchronous online class.
Landon’s student, Mei-Ling, states in a one-on-one meeting that she is anxious about turning on her camera and using her microphone in their weekly online synchronous class. Mei-Ling tells Landon that she finds it helpful when he keeps his camera on during the Zoom session.
Can Landon force Mei-Ling to turn on her camera during a regular Zoom class?
- No. Mei-Ling has the right to protect her privacy by not turning on her camera during a typical class.
Can Landon require Mei-Ling to turn on her camera during an upcoming exam or in-class presentation?
- Yes, students can be required to turn on cameras for tests and exams to verify their ID. Faculty can also tell students that in any in-class presentation they may lose substantial marks on any visual presentation techniques not demonstrated.
Should Landon keep his camera off as well if his students have their cameras off?
- Faculty are encouraged to keep their cameras on because they are providing a service and students find it beneficial for learning.
Scenario 2.2B – Student Information Privacy Rights
Conestoga’s Protection of Privacy Policy describes how College employees must ensure that all personal information collected, used, disclosed, stored and discarded is done so in accordance with FIPPA and all other applicable legislation in order to protect the privacy of students.
Let’s look at the rights that a student has about maintaining privacy rights about their medical information.
Faculty member Tarina is teaching an in-person lab. Tarina wants to give back the first lab exams and send a clear message that students must attend labs to prepare the in-class lab exam. As Tarina waits to meet with another faculty member for lunch, she receives messages from three students saying they were sick and would like an extension on the lab exam.
Can Tarina share student names and assignment grades to the class to “send a message” to the class?
- No. Tarina may share the grade average or an anonymized list of grades, but it is considered a breach of privacy for students to be told each other’s grades.
Can Tarina ask students ask for a doctor’s note or something else to confirm that the students were sick?
- No, faculty should not ask for a doctor’s note from the student.
Should Tarina ask her faculty friend about her three sick students to see if they were missing from other classes at the same time?
- No. Faculty should not share class attendance information with any employee except the Chair/Chair designate (or a Program Coordinator if indicated in the Faculty Handbook).
Scenario 2.2C: Faculty Information and Meetings with Students
Faculty should contact a student by email using only the student’s Conestoga or college email address, and avoid communicating with students by their personal email address. Aside from exceptional circumstances (such as practicum), faculty should meet with students only on campus or using Zoom or MS Teams.
Let’s look at a scenario where faculty communicate electronically and in person with students.
Faculty member Jaden has just returned midterms, and two students send email complaints. One student, Rupinder, wants to bring a friend to a Zoom meeting. Another student, Liam, can’t meet during daytime hours, and wonders if he and Jaden could meet at a coffee shop off-campus and text to confirm they are both there.
Can Jaden deny Rupinder to bring a friend to the meeting?
- No. Students have a right to bring someone to a meeting for support and/or to take notes.
Can Jaden meet with Liam at an off-campus coffee shop?
- No, faculty should avoid meeting students off campus.
Should Jaden give Liam his phone number for texting?
- No, Jaden should use only Conestoga communication channels with students.
Scenario 2.2D: Student Information Breach
Faculty who have any concern that confidential student information has been exposed to someone other than the student should flag the issue immediately with the Conestoga Privacy Office (email).
Let’s look at a student’s rights in the scenario of reporting student information breaches and Request for Information (ROIs) to the College.
Faculty member Sergio accidentally sends Matt’s graded lab report to another student. When Sergio realizes his mistake, he sends a message to Matt and the other student who received Matt’s graded lab report to explain what happened. The next day, Sergio receives an angry email from Matt, copying Sergio’s Chair. Matt makes a Request for Information (ROI) for all of the emails Sergio has ever sent about him.
Can Sergio withhold his personal notes about Matt’s behaviour during lab time from Matt?
- Yes, but the student has a right to make a formal FOI, and faculty would need to share all written documents they have pertaining to that student. A student can only make a request for information about themselves.
Should Sergio apologize to Matt and try to keep the issue between him and Matt alone?
- No. If a faculty member is involved in or responsible for a potential privacy breach/issue, they should contact the Conestoga Privacy Office for a consult rather than say nothing. But an apology is definitely needed.
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Section 2.2 Review
Please pause and answer these eight practice questions to review and check your learning!