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Information Privacy Policy

Information Privacy Policy

INFORMATION PRIVACY POLICY

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This policy and other related policies and procedures describe how

personal, sensitive and health related information is handled to ensure

privacy is maintained consistent with legislative requirements.

1. SCOPE

This policy covers personal, health and sensitive information

collected by Gordon Institute of TAFE in relation to staff,

prospective staff, students and prospective students.

2. REFERENCES

SMgt PR 5 Records Management

SMgt PR 6 Information Privacy and Staff Records

T&L PR 13 Care of Customer Supplied Material

T&L PR 15 Student and Program Information and Traceability –

Attachment 1 Release of Student Information

T&L PR 17 Student Excursions, Camps and Practical

Placement (Activity Consent Forms)

External Documents

Freedom of Information Act (Vic, 1982)

Health Records Act (Vic, 2001)

Information Privacy Act (Vic, 2000)

Public Records Act (Vic, 1973)

3. DEFINITIONS

Consent

Consent means expressed or implied consent.

Health Information

Health Information means information or an opinion about:

· the physical, mental or psychological health of

an individual, or

· a disability of an individual, or

· an individual’s expressed wishes about the

future provision of health services to be provided, or

· a health service provided or to be provided.

Health Information can be current information or that

established at any time.

Individual

An individual could be an employee or prospective employee,

a customer or prospective customer (student or otherwise)

of the Gordon Institute of TAFE.

Personal Information

Information or an opinion (including information or an

opinion forming part of a database), that is recorded in

any form and whether true or not, about an individual

whose identity is apparent, or can reasonably by

ascertained, from the information or opinion, but does not

include information of a kind to which Schedule 2 [of] the

Health Records Act 2001 applies.

Sensitive Information

Sensitive Information is information or an opinion about

an individual’s:

· racial or ethnic origin, or

· political opinions, or membership of a political

association, or

· religious beliefs or affiliations, or philosophical

beliefs, or

· membership of a professional or trade association;

or trade union, or

· sexual preferences or practices, or

· criminal record.

All of these examples also represent personal information.

Unique Identifiers

Unique identifiers are an identifier (usually a number)

assigned by an organisation to an individual to identify

that individual in a unique manner for traceability within

the organisation.

4. POLICIES

GENERAL POLICY

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The Gordon Institute of TAFE is committed to meeting all of the

legal obligations expressed in legislation relating to,

Information Privacy covered by the following:

· Information Privacy Act (Vic)

· Health Records Act (Vic)

· Public Records Act and associated legislation (Vic)

· Freedom of Information Act (Vic)

The Institute has developed policies and procedures aligned to the

Privacy Principles described below and shall review the effective

implementation of these principles to ensure the privacy rights of

individuals are protected.

PRIVACY PRINCIPLES

==================

The Information Privacy and the Health Records Acts require the

Gordon Institute of TAFE to store, use and disclose personal,

sensitive and health information collected about staff and customers

in accord with the Information Privacy Principles and the Health

Privacy Principles described in these Acts.

The following Privacy Principles are aligned to the two sets of

Principles set out in the Information Privacy and Health Records

Acts and are to be used as Policy guidance by staff involved in

the management of information.

Principle 1 – Collection of Information:

The Institute will only collect personal, sensitive and

health information that is necessary to perform one or more

of its legal functions or activities. At the time of

collection the individual will be advised of the reason for

the collection of the information, the purpose for which it

will be used, to whom the information may be disclosed, any

law that requires the particular information to be

collected; the consequences (if any) for the individual if

all or part of the information is not provided; the

individual’s right to access, and if appropriate, correct

the information held.

Principle 2 – Information Use and Disclosure:

The Institute will not use or disclose personal, sensitive

or health information about an individual for any purpose

other than the primary purpose of collection unless the

secondary purpose is related to the primary purpose of

collection, and the individual would reasonably expect the

organisation to use the information for the secondary

purpose; or as required by law as specified in the

Information Privacy Act.(Principle 2 of the Information

Privacy Principles).

Principle 3 – Data Quality:

The Institute will take all reasonable steps to ensure the

data it collects is accurate, complete and up to date.

Principle 4 – Data Security:

The Institute will take all reasonable steps to ensure the

data collected is protected from misuse and loss, and is

safe from unauthorised access, modification or disclosure.

Information no longer required will be destroyed or stored

securely (if storage is a requirement of other legislation,

or as required by the Public Records Office).

Principle 5 – Openness:

The Institute will provide information to all individuals

about the manner in which it manages the handling of

personal, sensitive and health information. This

information regarding management processes will be

available to anyone who asks for it. The Institute will

also provide general information to any individual who

asks, regarding the sort of personal sensitive and health

information it holds and for what purpose, how it collects,

holds, uses and discloses that information.

Principle 6 – Access and Correction:

The Institute will, unless prohibited by the requirements

of the Information Privacy Act or Health Records Act,

provide the individual with access to the information, or

the opportunity to correct information held. In some

circumstances a request for access may need to be made

under the Freedom of Information Act 1982. In the event

of a denial of access by the Institute the individual will

have provided reasons for the denial in accordance with

Principle 6 of either of the Information Privacy Act or

the Health Records Act.

Principle 7 – Unique Identifiers:

The Institute will not collect or assign unique identifiers

unless the collection or assignment of those identifiers is

reasonably necessary to enable the Institute to carry out

any of its legal functions efficiently. These unique

identifiers will not be shared with any other body or person

unless the disclosure is necessary for the Institute to

fulfil its legal obligations to the other organisation.

If these identifiers are collected or assigned the

individual will be advised of the purpose for collection.

The unique identifiers will not be used for any purpose

other than that for which they were collected or assigned.

Principle 8 – Anonymity:

Identification is required to effectively manage all aspects

of the enrolment process, results management, recruitment,

security, general operational and Government reporting

requirements.Anonymity may apply to general inquiries made by

the public regarding course information, recruitment, etc

unless the individual requests further information. If

further information is sought then a level of identification

may be required.Other information where maximum anonymity

will be protected wherever possible includes survey and

course evaluation responses.

Principle 9 – Data Transfer Limitations:

The Institute will not transfer personal, sensitive or health

information to a person or organisation outside the State

of Victoria unless the Institute reasonably believes that

the person or organisation is subject to a law or contract that

upholds principles for fair handling of the information that

are substantially similar to the principles embodied in the

Information Privacy or Health Records Acts. In most

circumstances the transborder transfer of personal, sensitive

or health information about an individual will only be made

with the individual’s consent.

Principle 10 – Sensitive Information:

The Institute will not collect sensitive information unless

the individual has consented, or it is required by law, or

where there are other special circumstances such as those

relating to health services provision and individual or

public safety.

SPECIFIC IMPLEMENTATION OF POLICY PRINCIPLES

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Reasons for Information Collection:

Staff are to provide individuals with reasons at the time

and point of collection, regarding what information is

being collected and held, the purpose for holding the

information and how the information is to be used or

disclosed.

Access to Personal Information on File:

Any individual may request and be provided with access to

information held consistent with Principle 6 (described

above) and with Information Privacy Principle 6 from the

Information Privacy Act.

The individual will be provided with the opportunity to

correct the information held if it is established that the

information is not accurate. All information must be kept

securely and protected from unauthorised access,

modification or disclosure.

Information Privacy Officer:

The Institute has delegated the Employee Relations

Co-ordinator to act as its Information Privacy Officer.

Freedom of Information Officer:

The Institute has delegated the Executive Manager

Education Operations and Development to act as its Freedom

of Information Officer.

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