Confidentiality is of paramount importance in our centre. This policy relates to the collection storage, use, disclosure and disposal of personal information, including photos, videos and health information and to ensure compliance with privacy legislation Show
BackgroundEarly childhood services are obligated by law, service agreements and licensing requirements to comply with the privacy and health records legislation when collecting personal and health information about individuals. The Health Records Act 2001 (Part 1, 7.1) and the Information Privacy Act 2000 (Part 1, 6.1) include a clause that overrides the requirements of these Acts if they conflict with other Acts or Regulations already in place. For example, if there is a requirement under the Education and Care Services National Law Act 2010 or the Education and Care Services National Regulations 2011 that is inconsistent with the requirements of the privacy legislation, services are required to abide by the Education and Care Services National Law Act 2010 and the Education and Care Services National Regulations 2011. Legislation
DefinitionsFreedom of Information Act 1982: Legislation regarding access and correction of information requests. Health information: Any information or an opinion about the physical, mental or psychological health or ability (at any time) of an individual. Health Records Act 2001: State legislation that regulates the management and privacy of health information handled by public and private sector bodies in Victoria. Information Privacy Act 2000: State legislation that protects personal information held by Victorian Government agencies, statutory bodies, local councils and some organisations, such as early childhood services contracted to provide services for government. Personal information: Recorded information (including images) or opinion, whether true or not, about a living individual whose identity can reasonably be ascertained. Privacy Act 1988: Commonwealth legislation that operates alongside state or territory Acts and makes provision for the collection, holding, use, correction, disclosure or transfer of personal information. Privacy breach: An act or practice that interferes with the privacy of an individual by being contrary to, or inconsistent with, one or more of the information Privacy Principles (refer to Attachment 2: Privacy principles in action) or any relevant code of practice. Public Records Act 1973 (Vic): Legislation regarding the management of public sector documents. Sensitive information: Information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political party, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preference or practices, or criminal record. This is also considered to be personal information. The Approved Provider (or delegate) is responsible for:
The Nominated Supervisor (or delegate) is responsible for:
Certified Supervisors and other educators are responsible for:
Parents/guardians are responsible for:
Families Records and Information:When will information be divulged?For medical treatment or emergency To outside agencies with parents permission When required by National Law ie: Department of Education and early Childhood Development With written consent from person/s with lawful authority All staff sign a confidentiality agreement upon beginning employment Who has access to your information?
Individuals have the right to ask for access to personal information the service holds about them without providing a reason for requesting access. Under the privacy legislation, an individual has the right to:
There are some exceptions set out in the Information Privacy Act 2000, where access may be denied in part or in total. Examples of some exemptions are where:
Personal Information One World collects:
Storing of Personal Information:
Staff Records and Information:When will information be divulged:
Who has access to your information?
Individuals have the right to ask for access to personal information the service holds about them without providing a reason for requesting access. Under the privacy legislation, an individual has the right to:
There are some exceptions set out in the Information Privacy Act 2000, where access may be denied in part or in total. Examples of some exemptions are where:
Personal Information One World Collects
Retention of records are kept and archiving and disposal of these records:Once information can be destroyed it is placed in a secure bag to be collected by a company for shredding.
Permission form for photographsBackground informationPhotographs and videos are now classified as ‘personal information’ under the Information Privacy Act 2000. The purpose of this permission form is to:
On enrolment a permission slip is completed to ensure management and staff are aware of parents requests in relation to photos and their use. SourceChild Care Service Handbook 2011–2012: Section 4.9 Guidelines to the Information Privacy Principles: http://www.privacy.gov.au/law/apply/guidance KPV Early Childhood Management Manual Office of the Health Services Commissioner: www.health.vic.gov.au/hsc/ Privacy Victoria: www.privacy.vic.gov.au Letter of acknowledgement, understanding and declaration of confidentiality |