Privacy Policy

Privacy is acknowledged as a fundamental human right. Our Service has an ethical and legal responsibility to protect the privacy and confidentiality of children, individuals and families as outlined in Early Childhood Code of Ethics, National Education and Care Regulations and the Privacy Act 1988 (Cth). The right to privacy of all children, their families, and team members of the Service will be upheld and respected, whilst ensuring that all children have access to high quality early years care and education. All team members will maintain confidentiality of personal and sensitive information to foster positive trusting relationships with families.

Purpose

To ensure that the confidentiality of information and files relating to the children, families, team, and visitors using the Service is upheld at all times. We aim to protect the privacy and confidentiality of all information and records about individual children, families, team members and management by ensuring continuous review and improvement on our current systems, storage, and methods of disposal of records. We will ensure that all records and information are held in a secure place and are only retrieved by or released to people who have a legal right to access this information. Our Service takes data integrity very seriously, we strive to assure all records and data is protected from unauthorised access and that it is available to authorised persons when needed.

Scope

This policy applies to children, families, team members, management, and visitors of the Service.

Implementation

Under National Law, Section 263, Early Childhood Services are required to comply with Australian privacy law which includes the Privacy Act 1988 (the Act) aimed at protecting the privacy of individuals. Schedule 1 of the Privacy Act (1988) includes 13 Australian Privacy Principles (APPs) which all services are required to apply. The APPs set out the standards, rights and legal obligations in relation to collecting, handling, holding and accessing personal information.

The Notifiable Data Breaches (NDB) scheme requires Early Childhood Services, Family Day Care Services, and Out of School Hours Care Services to provide notice to the Office of the Australian Information Commissioner (formerly known as the Privacy Commissioner) and affected individuals of any data breaches that are ‘likely’ to result in ‘serious harm’.

Businesses that suspect an eligible data breach may have occurred, must undertake a reasonable and expeditious assessment to determine if the data breach is likely to result in serious harm to any individual affected. A breach of an Australian Privacy Principle is viewed as an ‘interference with the privacy of an individual’ and can lead to regulatory action and penalties.

Source: OAIC Australian Privacy Principles

Further information about the APPs are included in Appendix 1 of this policy.

The Approved Provider/Management will:

• ensure the Service acts in accordance with the requirements of the Australian Privacy Principles and Privacy Act 1988 by developing, reviewing, and implementing procedures and practices that identify:
• the name and contact details of the Service
• what information the Service collects and the source of information
• why the information is collected
• who will have access to information
• collection, storage, use, disclosure, and disposal of personal information collected by the service
• any law that requires the particular information to be collected
• adequate and appropriate storage for personal information collected by the Service o protection of personal information from unauthorised access.
• provide team members with relevant information regarding changes to Australian privacy law and Service policy
• ensure all relevant team understand the requirements under Australia’s privacy law and Notifiable Data Breaches (NDB) scheme
• maintain currency with the Australian Privacy Principles (this may include delegating a team member to oversee all privacy-related activities to ensure compliance)
• ensure personal information is protected in accordance with our obligations under the Privacy Act 1988 and Privacy Amendments (Enhancing Privacy Protection) Act 2012
• ensure all records and documents are maintained and stored in accordance with Education and Care Service National Regulations
• regularly back-up personal and sensitive data from computers to protect personal information collected
• ensure all computers are password protected and install security software- antivirus protection
• ensure families are notified of the time particular records are required to be retained as per Education and Care Services National Regulations [regulation 183 (2)]
• ensure the appropriate and permitted use of images of children
• ensure all employees, students, volunteers, and families are provided with a copy of this policy
• deal with privacy complaints promptly and in a consistent manner, following the Service’sGrievance Policy and procedures
• ensure families only have access to the files and records of their own children
• ensure information given to team members will be treated with respect and in a professionaland confidential manner
• ensure individual child and team files are stored in a locked and secure cabinet
• ensure information relating to team employment will remain confidential and available only to the people directly involved with making personnel decisions
• ensure that information shared with the Service by the family will be treated as confidential unless told otherwise

A Nominated Supervisor and/or Responsible Person will:

• ensure that information given to team members will be treated with respect and in a confidential and professional manner
• ensure that information shared with us by the family will be treated as confidential unless told otherwise
• adhere to Service’s policies and procedures at all times
• ensure team members, volunteers, and families are aware of the Privacy and ConfidentialityPolicy
• ensure the Service obtains written consent from parents and/or guardian of children who will be photographed or videoed by the Service
• ensure families only have access to the files and records of their own children
• ensure only necessary information regarding the children’s day-to-day health and wellbeing is given to non-primary contact team members, for example, food allergy information
• not discuss individual children with people other than the family of that child, except for the purposes of curriculum planning or group management. Communication in other settings must be approved by the family beforehand

Team members:

• read and adhere to the Privacy and Confidentiality Policy at all times
• ensure documented information and photographs of children are kept secure but may beaccessed at any time by the child’s parents or guardian.
• ensure families only have access to the files and records of their own children
• treat private and confidential information with respect in a professional manner
• not discuss individual children with people other than the family of that child, except for the purposes of curriculum planning or group management. Communication in other settings must be approved by the family beforehand
• ensure that information shared with the service by the family will be treated as confidential unless told otherwise
• maintain individual and Service information and store documentation according to this policy at all times
• not share information about the individual or service, management information, or other team as per legislative authority

Method of Collection

Information is generally collected using standard forms at the time of enrolment or employment Additional information may be provided to the Service through email, surveys, telephone calls or other written communication. Information may be collected online through the use of software such as CCS software or program software

How we protect your personal information

To protect your personal and sensitive information, we maintain physical, technical and administrative safeguards. All hard copies of information are stored in children’s individual files or team individual files in a locked cupboard. All computers used to store personal information are password protected. Each team member will be provided with a unique username and password for access to CCS software and program software. Team will be advised not to share usernames and passwords

Access to personal and sensitive information is restricted to key personal only

Security software is installed on all computers and updated automatically when patches are released. Data is regularly backed up on external drive and/or through a cloud storage solution. Any notifiable breach to data is reported. All team members are aware of the importance of confidentiality and maintaining the privacy and security of all information. Procedures are in place to ensure information is communicated to intended recipients only, example invoices and payment enquiries

Access to personal and sensitive information

Personal and sensitive information about team, families and children will be stored securely at all times. Families who have access to enrolment or program information online will be provided with a unique username and password. Families will be advised not to share username and passwords

The Approved Provider will ensure that information kept in a child’s record is not divulged or communicated through direct or indirect means to another person other than:

• the extent necessary for the education and care or medical treatment of the child to whom the information relates
• a parent of the child to whom the information relates, except in the case of information kept in a team record
• the Regulatory Authority or an authorised officer
• as expressly authorised, permitted or required to be given by or under any Act or law
• with the written consent of the person who provided the information

Disclosing personal and sensitive information

Our Service will only disclose personal or sensitive information to:

• a third-party provider with parent permission (for example CCS software provider)
• Child Protection Agency- Office of the Children’s Guardian and Regulatory Authority as per our Child Protection and Child Safe Environment Policies
• as part of the purchase of our business asset with parental permission

Complaints and Grievances

If a parent, employee or volunteer has a complaint or concern about our Service, or they believe there has been a data breach of the Australian Privacy Principles, they are requested to contact the Approved Provider so reasonable steps to investigate the complaint can be made and a response provided.

If there are further concerns about how the matter has been handled, please contact the Office of Australian Information Commissioner on 1300 363 992 or: https://forms.business.gov.au/smartforms/landing.htm?formCode=APC_PC

For any other general concerns, please contact the Approved Provider directly on: 1300 AURRUM

Source

Australian Childcare Alliance. (2019). Changes to Australia’s privacy law: What ECEC services need to know: https://childcarealliance.org.au/blog/115-changes-to-australia-s-privacy-law-what-ecec-services-need-to-know

Australian Children’s Education & Care Quality Authority. (2014)

Australian Government Office of the Australian Information Commission – Australian Privacy Principles: https://www.oaic.gov.au/privacy-law/privacy-act/australian-privacy-principles

Early Childhood Australia Code of Ethics. (2016).

Education and Care Services National Law Act 2010. (Amended 2018).

Education and Care Services National Regulations. (2011).

Guide to the Education and Care Services National Law and the Education and Care Services National Regulations. (2017).

Guide to the National Quality Framework. (2017). (Amended 2020).

Privacy Act 1988.

Revised National Quality Standard. (2018).

UN General Assembly (1989) United Nations Convention of the Rights of a child