Information held at school

Do I have to show my parents my school report?
What can I do if I do not want my parents to see my school reports?
Can the school tell my parents about the problems I am having with teachers or other students at school?
How does the Privacy Act affect other information the school has about me?
What happens to my records when I change schools?
What if the school requests other information?
Talking with a counsellor or school counsellor
Can my counsellor give my information to anyone else?
How do I know someone else will not see my information accidentally?
What can I do if my counsellor tells someone about my personal information?

Do I have to show my parents my school report?

You do not have to show your parents your report, but if you do not they can get a copy of it from the school. School reports are personal information under the Privacy Act, so generally the school would need your permission before disclosing them. However, under the Education Act, one of the reasons the information is collected is to pass it on to your parents.

This does not mean that the school can pass on all the information it holds about you to your parents. For example, a conversation with the school counsellor cannot be repeated to your parents without your permission. This is because it is private, and the reason you gave the information to the counsellor was not so that he/she could pass it on to your parents (Principle 11).

What can I do if I do not want my parents to see my school reports?

You can explain your situation to the school and ask them not to pass the reports to them. It may be possible to stop a parent from seeing your school report, but this is a complex matter depending on a number of factors and will need to be checked out with a legal advisor. The privacy of the student on one hand is weighted against the guardianship rights of the parent/s on the other hand. There are a number of relevant matters to be considered in each case:

• section 77 of the Education Act states that parent/s should be told of matters that may be impeding a student’s progress;
• whether the student is mature enough to decide if the parents should see the report;
• the purpose for which to report is prepared;
• the content of the report, i.e. are the comments aimed at the student or the parent/s, and are the comments personal or academic;
• are there any factors of significance that are relevant, e.g. has there been any accusation by the student against the parent/s;
• could the report be transcribed by the principal into a more suitable report for the parent/s;
• would it be appropriate in the public interest for the parent/s to receive the report even if it were considered that the student did have an initial right to privacy

Can the school tell my parents about the problems I am having with teachers or other students at school?

The school has a duty under the Education Act to tell your parent/s about anything that is preventing or slowing your progress at school, or harming your relationships with teachers or other students. Because the Education Act allows the school to do this, it is another exception to Principle 11 in the Privacy Act 1993.

How does the Privacy Act affect other information the school has about me?

Schools have to follow the rules in the Privacy Act. So, if your school has personal information about you, they have to tell you. For example, why they want it, who is going to see it, and that you have a right to see it and correct it if necessary.

Information about you is particularly important if you have been suspended. If there is going to be a Board of Trustees meeting about you, ask the school for all the information they hold about you, especially about the incident that led you to your suspension. Your parents or an advocate (your representative) can do this for you. (See our information sheet “Kicked out of School”, for more information on this).

What happens to my records when I change schools?

Your old school should not pass your records on to your new school without asking your permission first. Before agreeing, you should check the records to make sure they are correct. If they are not, you should ask for them to be corrected. And if the school refuses to correct the mistake, ask for your version of things to be attached to the records. (See above, “Can I correct my personal information?”).

You can agree to certain information being passed on. Information about your progress through school is relevant to your education at a new school and your old school should pass it on (this is one of the exceptions under Principle 11: see above “Can an agency give my information to someone else?”).

Your school should not transfer everything in your records to your new school. For example, information about you being caught smoking in the toilets two years ago is irrelevant, out of date and possibly misleading (you might have given up smoking since then. (See above “Does the information have to be accurate if the agency wants to use it?”)).

What if the school requests other information?

You only have to provide information that is relevant to the situation and purpose that the request is being made. This means that for example, your “religious beliefs” are not really relevant to your schooling ability, thus, you do not have to answer questions on this.

Talking with a counsellor or school counsellor

A counsellor is there to help you by giving you support and guidance. This may be by offering advice or simply by listening to you. A counsellor is usually trained in the area and many agree to a code of ethics that sets out how they are to behave in their role as counsellor. (See New Zealand Association of Counsellors Code of Professional Ethics, and “Can my counsellor give my information to anyone else”, below).

If you are having problems at school or at home, you might want to talk to someone about getting some help to deal with them. Counsellors or school Counsellor are often better to talk to than teachers in this situation, because they generally have some training in this area and usually have rules about not telling other people what you say to them. Your parents do not need to know you are seeing the counsellor.

Can my counsellor give my information to anyone else?

School guidance counsellors and other counsellors can notify the police or Child, Youth and Family Services (CYFS) if you are under 17 and they believe you have been abused or at risk of abuse. They can do this even when you have asked them not to. But there is no law saying they must tell the police or CYFS. Most counsellors will respect a young person’s right to make their own decisions in their own time about reporting abuse. Many counsellors agree to a professional Code of Ethics (see above) that says they should not breach confidentiality unless you or others are in clear and immediate danger. The Code of Health Consumer’s Rights may also bind counsellors. This says that counsellors must respect your dignity, privacy and independence.

If you are thinking about confiding in a school counsellor, teacher or another professional, check out their views about reporting abuse before you talk to them. Check whether they will keep what you say to themselves so that you can decide if you want to tell them. If you are worried about it, ask them to agree that they will not tell anyone else about it without your consent.


How do I know someone else will not see my information accidentally?

Principle 5 of the Privacy Act 1993 says that anyone holding information must keep it in a safe place. This means that the counsellor should keep your file in a safe place, and not leave it lying on a desk or in the car, where others might see it. (See “How is personal information about me protected?).

What can I do if my counsellor tells someone about my personal information?

If this happens it is best to complain to the counsellor and to his/her employer, and say what you want done. If you do not want to talk to the counsellor or his/her employer about it, or you are not happy with the response, you can complain to the Privacy Commissioner. (See the section above on “Making a complaint”, for how to do this).