8350 - CONFIDENTIALITY
It is the policy of the Board that when the District receives in trust from a public agency information identified as confidential (whether such information is confidential by Florida law, Common Law Privilege, Case Law, or Federal Law), the District will maintain the confidentiality of said information to the maximum extent permitted by the law.
State and Federal law requires that student education and health records (see Policy 8330) be confidential and exempts certain information and records from public disclosure (see Policy 8310). As such, the Board is obligated to take appropriate steps to maintain certain information and records as confidential. Individuals who have access to student education records may not remove them from Board property without express permission from their building principal or supervisor. An individual authorized to remove student education records from school property is responsible for the safety and security of the records and for returning them to the District intact. Confidential information and records shall not be disclosed except as authorized by Board policy and procedures. Individuals who have access to confidential information and records while employed by the Board are reminded that their legal obligation to maintain such confidences extends beyond their term of employment in the District and they are prohibited from releasing, disclosing, or otherwise disseminating confidential information or records subsequent to leaving the Board's employ. The Board directs the Superintendent to include procedures concerning Board employees' duties to maintain certain information and records as confidential in the administrative procedures that are promulgated to implement this policy.
Further, it is the policy of the Board that neither the Board nor its employees shall permit the release of the social security number of an employee, student, or other individual except in accordance with State law. Access to documents containing social security numbers shall be restricted to only those employees who have a need to know such information.
If a document containing social security numbers is to be released in compliance with a public records request made pursuant to Policy 8310, the social security number shall be redacted before the document is provided to the requestor.
If an employee is approached and asked to provide confidential information and/or a social security number from a file or record maintained by the District, the employee shall refuse to release the requested information, and shall notify his/her immediate supervisor as soon as practicable.
In order to prohibit the unauthorized disclosure of information identified as confidential by a sending public agency and/or social security numbers, the Board may seek to obtain court protection as follows:
by denying requests for the release of such information absent a subpoena or court order; or
by pursuing motions to quash or protective orders to prohibit unauthorized/unlawful disclosure of such information.
When possible, the Board will attempt to notify the sending public agency of the request for the release of confidential information that it provided to the District before complying with the request.
Employees who intentionally violate this policy shall be subject to discipline, up to and including termination.
Accordingly, the Superintendent shall provide all staff with access to this policy. In addition, the Superintendent shall take the steps necessary so that staff who have access to files and records that contain confidential information and/or social security numbers are made aware of their responsibility to see that such information is released only in accordance with State law and this policy, as well as the consequences if they fail in that regard.
The Board directs the Superintendent to develop administrative procedures necessary to implement this policy.
Limited Use of Social Security Numbers and Other Personally Identifiable Information
The District recognizes the need to safeguard privacy and restrict access to personally identifiable information contained in employee and student personnel records collected in the course of the District's business. Access to documents containing social security numbers shall be restricted to only those District employees who have a need to know such information. Access to social security numbers and other personal identifiable information concerning employees and students will only be provided as required by State and Federal law.
Effective October 1, 2002, all social security numbers held by the District are confidential and exempt from F.S. 119.071, and Section 24(a), Article I of the State Constitution. This exemption applies to all social security numbers held by the District before, on, or after the effective date of this exemption.
The District shall only collect social security numbers in order to fulfill its responsibilities as prescribed by law. Social security numbers collected by the District shall be segregated on a separate page from the rest of the record, or as otherwise appropriate, in order that it is easily redacted, if required, pursuant to a public records request.
If an employee is asked to provide confidential information and/or a social security number from a file or record maintained by the District, the employee shall refuse to release the requested information, and shall notify his/her immediate supervisor of such request as soon as practicable.
If a document containing social security numbers is to be released in compliance with a public records request, the social security numbers shall be redacted before the information is provided to the requestor.
The District, upon the collection of an individual's social security number, and upon the individual's request, shall provide that person with a statement of the purpose or purposes for which the social security number is being collected and used. Social security numbers shall not be used by the District for any purpose other than the purpose stated.
Social security numbers may be disclosed to another governmental entity or its agents or employees if disclosure is necessary for that agency to perform its duties and responsibilities. The District shall inform the receiving agency in writing of its obligation to maintain the confidential and exempt status of such information.
Revised 4/25/03
Revised 4/10/07
Reviewed 4/25/23
© Neola 2002