Privacy and Confidentiality Policy

PRIVACY AND CONFIDENTIALITY 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 the Early Childhood Code of Ethics, Education and Care Services National Regulations and the Privacy Act 1988 (Cth). The right to privacy of all children, their families, and educators and staff of the Service will be upheld and respected, whilst ensuring that all children have access to high quality early years care and education. All staff members will maintain confidentiality of personal and sensitive information to foster positive trusting relationships with families.

NATIONAL QUALITY STANDARD (NQS)

QUALITY AREA 7: GOVERNANCE AND LEADERSHIP

7.1

7.1.2

7.2

170

177

183

Governance

Management Systems

Leadership

Governance supports the operation of a quality service

Systems are in place to manage risk and enable the effective management and operation of a quality service.

Effective leadership builds and promotes a positive organisational culture and professional learning community.

7.1.1

Service philosophy and purposes

A statement of philosophy guides all aspects of the service’s operations.

7.1.3

Roles and Responsibilities

Roles and responsibilities are clearly defined and understood and support effective decision-making and operation of the service.

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS

168

Education and care services must have policies and procedures

Policies and procedures to be followed

Prescribed enrolment and other documents to be kept by approved provider

Storage of records and other documents

171

Policies and procedures to be kept available

181

Confidentiality of records kept by approved provider

184

Storage of records after service approval transferred

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RELATED LEGISLATION

Child Care Subsidy Secretary’s Rules 2017

Family Law Act 1975

A New Tax System (Family Assistance) Act 1999

Child Care Subsidy Minister’s Rules 2017

Family Assistance Law – Incorporating all related legislation as identified within the Child Care Provider Handbook

https://www.education.gov.au/early-childhood/resources/child-care-provider-handbook

RELATED POLICIES

CCS Account Policy
CCS Governance Policy
CCTV Policy
Cyber Safety Policy
Dealing with Complaints Policy Enrolment Policy
Family Communication Policy Governance Policy

Interaction with Children, Family and Staff Policy Management Committee Policy
Orientation of Families Policy
Payment of Fees Policy

Photograph Policy
Record Keeping and Retention Policy Social Media Policy
Writing Reviewing and Maintaining Policies

PURPOSE

To ensure that the confidentiality of information and files relating to the children, families, staff, 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, educators, staff and management by ensuring continuous review and improvement of 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 ensure all records and data is protected from unauthorised access and that it is available to authorised persons when needed. This policy provides procedures to ensure data is stored, used and accessed in accordance with relevant policies and procedures- for example- Enrolment Policy, CCS Account Policy.

SCOPE

This policy applies to children, families, educators, staff, management, approved provider, nominated supervisor, students, volunteers 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

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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)

ensure that obligations under the Education and Care Services National Law and National Regulations are met

o thenameandcontactdetailsoftheService
o whatinformationtheServicecollectsandthesourceofinformation
o whytheinformationiscollected
o whowillhaveaccesstoinformation
o collection,storage,use,disclosure,anddisposalofpersonalinformationcollectedbytheService o anylawthatrequirestheparticularinformationtobecollected
o adequateandappropriatestorageforpersonalinformationcollectedbytheService
o protectionofpersonalinformationfromunauthorisedaccess.
ensure families are aware of the Privacy and Confidentiality Policy

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

THE APPROVED PROVIDER/ NOMINATED SUPERVISOR/ 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:

ensure educators, staff, students, visitors and volunteers have knowledge of and adhere to this policy and associated procedure and provided with a copy if required
require new employees to sign a Confidentiality Agreement as part of their induction and orientation
advise students, volunteers and visitors of their role to maintain confidentiality during induction

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provide staff and educators with relevant information regarding changes to Australian privacy law and Service policy
ensure all relevant staff 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 staff 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 and only authorised

personnel have access to private and sensitive information

ensure all records and documents are maintained and stored in accordance with Education and Care

Service National Regulations (See Record Keeping and Retention Policy)
regularly back-up personal and sensitive data from computers to protect personal information

collected
ensure all computers are password protected and have install security software-antivirus protection

installed
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 and videos of children, including obtaining written authorisation from parents and/or guardians of children who will be photographed or videoed by the Service. The authorisation is to state the purpose for which the images and videos are to be used for and details regarding their publication or sharing.
ensure families are aware that the use of images or videos obtained from the Service, via the Services app, Facebook page or other format are not to be shared by families on any device or social media platform. Families are not to share photographs or videos taken during special events for publishing on social media platform or sharing any other format
ensure personal electronic devices including phones, smartwatches or other devices that are able to take images or videos, are not used in the children’s environment
ensure all staff, students, volunteers and visitors are aware of the banning of personal electronic devices within the children’s environment, including phones and smartwatches or other devices that are able to take images or videos, upon employment or engagement
ensure only devices that are issued by the Service are used to record and store images and videos of children
develop procedures to ensure controls are in place over the storage, access and retention of children’s images and videos at the Service, including hardcopy and digital files

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deal with privacy complaints promptly and in a consistent manner, following the Service’s Dealing with Complaints Policy and procedures
upon request from a parent, provide documents or information relating to their child
ensure information given to educators will be treated with respect and in a professional and

confidential manner
ensure only necessary information regarding the children’s day-to-day health and wellbeing is given

to non-primary contact educators. For example, food allergy information.
ensure individual child and staff files are stored in a locked and secure cabinet
ensure information relating to staff 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
ensure personal and sensitive information regarding the health and wellbeing of a child, family

member or staff member is not shared with others unless consent has been provided, in writing, or provided the disclosure is required or authorised by law under relevant state/territory legislation (Reg. 177(4A))
complete a Privacy Audit every 12 months or following a breach of data to ensure the Service meets lawful obligations, identifies areas for improvement and to detect potential areas of breach in privacy law
follow the Data Breach Response Procedure and complete a Data Breach Response Template following any breaches in data at the Service
ensure employees who have resigned acknowledge their commitment to refrain from accessing accounts or misusing sensitive and confidential information
establish policies and procedures regarding the use of CCTV within the Service, including the obligation to inform families, staff and visitors about the purpose and storage of CCTV images and videos, ensuring data is kept secure and accessed by authorised persons

ensure families only have access to the files and records of their own children
refer to individual family court orders for guidance regarding access, sharing and release of

information where required

EDUCATORS AND STAFF WILL:

read and adhere to the Privacy and Confidentiality Policy at all times
ensure documented information and photographs of children are kept secure but may be accessed at

any time by the child’s parents or guardian
ensure service documentation and records remain at the Service

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inform management if they learn of images of enrolled children being shared on social media or by any other format by families or staff that have been obtained via the Services’ app, Facebook page or other format; or photos taken during special events by the Service or families
not use personal electronic devices in the environment with children. Phones and personal electronic devices are to be kept in locked storage for staff

ensure parents or guardians only have access to the files and records of their own children (unless a court order prohibits access)
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
ensure personnel and sensitive information is not accessed by unauthorised persons
not disclose or share information about an individual or Service, management, or other staff (unless

authorised to do so by legislation)
ensure passwords used to gain access to private and sensitive information are not shared with others
ensure any media enquiries are directed to the approved provider or nominated supervisor.

FAMILIES WILL:

be aware of the Privacy and Confidentiality Policy upon enrolment
be aware of the Family Conduct Guidelines upon enrolment
ensure all information provided to the Service is accurate and kept up to date
be informed that access to documentation and personal information is limited to their own child/ren

follow the Dealing with Complaints Policy regarding any complaints or concerns regarding privacy and confidentiality of private and sensitive information
share information relating to individual family court orders or parenting plans with the Service and update these as required
ensure they do not share data or personal information of other family members, children or staff members from the Service with anyone, including other families of the same Service
not use or share images obtained from the Service, via the Services app, Facebook pages or other format

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not share photographs taken during special events for publishing on any social media or for sharing in any format
respect that staff are prohibited to share information about other children, families or staff members without expressed written consent to whom the information relates to.

Australian Privacy Principles- Personal Information

BEST KIDZ SOUTHERN HIGHLANDS – 33 139 305 712 is committed to protecting personal information in accordance with our obligations under the Privacy Act 1988 and Privacy Amendments (Enhancing Privacy Protection) Act 2012.

Personal information includes a broad range of information, or an opinion, that could identify an individual. Sensitive information is personal information that includes information or an opinion about a range of personal information that has a higher level of privacy protection than other personal information.
(Source: OAIC-Australian Privacy Laws, Privacy Act 1988)

Personal information will be collected and held securely and confidentially about you and your child to assist our Service provide quality education and care to your child whilst promoting and maintaining a child safe environment for all stakeholders.

Personal information our Service may request regarding enrolled children:

 Child’s name  Gender
 Date of birth  Address

 Birth Certificate
 Religion
 Language spoken at home

 Emergency contact details and persons authorised to collect individual children  Children’s health requirements
 Immunisation records- (Immunisation History Statement)
 Developmental records and summaries

 External agency information
 Custodial arrangements or parenting orders
 Incident reports
 Medication reports
 Child Care Subsidy information
 Medical records
 Permission forms – including permission to take and publish photographs, video, work samples  Doctor’s contact information

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 Centrelink Customer Reference number (CRN)  Dietary requirements

Personal information our Service may request regarding parents and guardians

 Centrelink Customer Reference number (CRN)

 Parent/s full name
 Guardian/s full name
 Address
 Phone number (mobile & work)
 Email address
 Bank account or credit card detail for payments

 Custody arrangements or parental agreement
Personal information our Service may request regarding staff, students and volunteers

 Personal details
 Tax information
 Banking details
 Working contract
 Emergency contact details  Medical details

 Working with Children Check verification  Educational Qualifications
 Medical history
 Resume

 Superannuation details
 Child Protection qualifications
 First Aid, Asthma and Anaphylaxis certificates
 Professional Development certificates
 PRODA related documents such as RA number and related background checks

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.

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All hard copies of information are stored in children’s individual files or staff individual files in a locked cupboard.
All computers used to store personal information are password protected. Each staff member will be provided with a unique username and password for access to CCS software and program software. Staff 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 staff 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 staff, 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 or photos shared within Facebook or other apps.

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

staff 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 (written consent may be

withdrawn at any time).

Education and Care National Regulations (reg 177) specifically state personal information relating to the individuals listed below must not be disclosed or shared with a parent of a child enrolled at the Service without prior written consent of the person to whom the personal or sensitive information relates to:

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o a parent of a child
o apersonwhoisanemergencycontact
o apersonwhoisanauthorisednominee
o a person who is authorised to consent to medical treatment
o a person who is authorised to authorise an educator to take a child outside the Service o a person who is authorised to authorise transport

Individuals may withdraw their consent in writing prior to personal information being disclosed.

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
authorised officers (for example public health officer)
the regulatory authority or an authorised officer
as expressly authorised, permitted or required to be given by or required to be given by or under any Act or Law
with the written consent of the person who provided the information (written consent may be withdrawn at any time).

If the
the new approved provider following written consent from parents/guardians regarding the transfer and sharing of records and documents.

COMPLAINTS AND GRIEVANCES

If a parent, family member, child, 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. [See: Dealing with Complaints Policy]

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:

Service is transferred to a new approved provider, any records and documents will be transferred to

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BREACH OF POLICY

Staff members or educators who fail to adhere to this policy may be in breach of their terms of employment, staff members who engage in unauthorised disclosure of confidential or sensitive personal information may face disciplinary action. Visitors or volunteers who fail to comply to this policy may face termination of their engagement.

CONTINUOUS IMPROVEMENT/REFLECTION

Our Privacy and Confidentiality Policy will be updated and reviewed annually in consultation with families, staff, educators and management.

CHILDCARE CENTRE DESKTOP- RELATED RESOURCES

APPENDIX - 1

Confidentiality Agreement
Data Breach Response Procedure Data Breach Response Plan Template

Data Security Procedure and Checklist

Privacy Audit Privacy and Confidentiality Procedure
Privacy Law Compliance Procedure

The Australian Privacy Principals (APPs) outline:

The open and transparent management of personal information, including having a privacy policy
An individual having the option of transacting anonymously or using a pseudonym where practicable
The collection of solicited personal information and receipt of unsolicited personal information

including giving notice about collection
How personal information can be used and disclosed (including overseas)
Maintaining the quality of personal information
Keeping personal information secure
Right for individuals to access and correct their personal information

The APPs place more stringent obligations on APP entities when they handle ‘sensitive information’. Sensitive information is a type of personal information and includes information about an individual's:

Health (including predictive genetic information)
Racial or ethnic origin
Political opinions
Membership of a political association, professional or trade association or trade union
Religious beliefs or affiliations
Philosophical beliefs

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Sexual orientation or practices
Criminal record
Biometric information that is to be used for certain purposes
Biometric templates

Australian Privacy Principles (APPs)

APP 1 – Open and transparent management of personal information
Ensures that APP entities manage personal information in an open and transparent way. This includes having a clearly expressed and up to date APP privacy policy.

APP 2 – Anonymity and Pseudonymity
Requires APP entities to give individuals the option of not identifying themselves, or of using a pseudonym. Limited exceptions apply.

APP 3 – Collection of solicited personal information
Outlines when an APP entity can collect personal information that is solicited. It applies higher standards to the collection of ‘sensitive’ information.

APP 4 – Dealing with unsolicited personal information
Outlines how APP entities must deal with unsolicited personal information.

APP 5 – Notification of the collection of personal information
Outlines when and in what circumstances an APP entity that collects personal information must notify an individual of certain matters.

APP 6 – Use or disclosure of personal information
Outlines the circumstances in which an APP entity may use or disclose personal information that it holds.

APP 7 – Direct marketing
An organisation may only use or disclose personal information for direct marketing purposes if certain conditions are met.

APP 8 – Cross-order disclosure of personal information
Outlines the steps an APP entity must take to protect personal information before it is disclosed overseas.

APP 9 – Adoption, use or disclosure of government related identifiers
Outlines the limited circumstances when an organisation may adopt a government related identifier of an individual as its own identifier or use or disclose a government related identifier of an individual.

APP 10 – Quality of personal information
An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up to date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up to date, complete and relevant, having regard to the purpose of the use or disclosure.

APP 11 – Security of personal information

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An APP entity must take reasonable steps to protect personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances.

APP 12 – Access to personal information
Outlines an APP entity’s obligations when an individual request to be given access to personal information held about them by the entity. This includes a requirement to provide access unless a specific exception applies.

APP 13 – Correction of personal information
Outlines an APP entity’s obligations in relation to correcting the personal information it holds about individuals.

Source: Australian Government Office of the Australian Information Commissioner (OAIC)

https://www.oaic.gov.au/privacy/

SOURCES

Australian Children’s Education & Care Quality Authority. (2014)
Australian Children’s Education & Care Quality Authority. (2023). Guide to the National Quality Framework. Australian Government Department of Education. Child Care Provider Handbook (2023) https://www.education.gov.au/early-childhood/resources/child-care-provider-handbook
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 2023).
Education and Care Services National Regulations. (Amended 2023).
Privacy Act 1988.
Revised National Quality Standard. (2018).
UN General Assembly (1989) United Nations Convention of the Rights of a child
Victorian Government. Child Information Sharing Scheme
Western Australian Education and Care Services National Regulations

Alfords Point
02 9543 7693

Southern Highlands
02 4872 4699

Privacy and Confidentiality Policy

Alfords Point 02 9543 7693

Southern Highlands 02 4872 4699

Privacy and Confidentiality Policy

Alfords Point
02 9543 7693

Southern Highlands
02 4872 4699