Ontario school children are currently caught in the middle of an ongoing issue regarding student rights, medical privacy, and the power of public health authorities. Under the Immunization of School Pupils Act (ISPA), students attending Ontario schools are required to be vaccinated against certain diseases unless exempt for medical, religious, or philosophical reasons.
However, the recent push by public health officials to have students disclose their vaccination status and face suspension for non-compliance is raising serious privacy concerns.
The problem lies in the ambiguity between ISPA and the Education Act. ISPA stipulates vaccine requirements, but suspension orders are the responsibility of school principals under the Education Act, not public health authorities. This confusion is leading to violations of students’ fundamental right to a free public education, with some students at risk of being unlawfully suspended for failing to disclose their vaccination status.
The pressure to disclose private medical information is causing significant distress among parents and children alike. There are increasing concerns about the safety of centralized digital health databases, which have been vulnerable to data breaches and unauthorized access. With healthcare data a prime target for cyberattacks, parents are understandably worried about the security of their children’s sensitive medical records—which is big business for hackers.
Parents are resisting this growing pressure, with some viewing the disclosure demands as a violation of the Personal Health Information Protection Act (PHIPA). PHIPA requires informed consent before the collection of medical information and protects against coercion. However, the current approach by threatening suspension or else puts this principle into question.
The Ministry of Education was contacted for clarification, but media representatives Ingrid Anderson and Brook Campbell failed to respond days later. The inquiry focused on the confusion between ISPA and the Education Act, and how these conflicting laws are affecting students’ right to education. Additionally, clarification was sought on how medical privacy is being protected for parents wishing to uphold PHIPA.
Hellbound and Down 