Privacy Policy
The Department of Education and Training (the Department) values your privacy and is committed to protecting information that schools collect.
All staff including contractors, service providers and volunteers of the Department, and all Victorian government schools (schools), must comply with Victorian privacy law and this policy.
In Victorian government schools, the management of ‘personal information’ and ‘health information’ is governed by the Privacy and Data Protection Act 2014 (Vic) and Health Records Act 2001 (Vic) (collectively, Victorian privacy law). In addition, the Department and Victorian government schools must comply with the Victorian Data Sharing Act 2017.
This policy explains how Victorian government schools collect and manage personal and health information, consistent with Victorian privacy law and other associated legislation.
DEFINITIONS
Personal information is recorded information or opinion, whether true or not, about a person whose identity is apparent, or can reasonably be ascertained, from the information. The information or opinion can be recorded in any form. A person’s name, address, phone number and date of birth (age) are all examples of personal information.
Sensitive information is a type of personal information with stronger legal protections due to the risk of discrimination. It includes information or opinion about an identifiable person’s racial or ethnic origin, political opinions or affiliations, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, criminal record, or membership of a trade union.
Personal and sensitive information is regulated in Victoria under the Privacy and Data Protection Act 2014 (Vic).
Health information is information or opinion about an identifiable person’s physical, mental or psychological health or disability. Health information is a type of personal information which, because of its sensitivity, also has different and stronger legal protections.
Health information is regulated in Victoria under the Health Records Act 2001 (Vic).
Note: De-identified information about individuals can become personal information if it is re-identified or if it is at high risk of being re-identified, for example, if it is released to the public or is a small sample size.
WHAT INFORMATION DO WE COLLECT?
Schools collect the following types of information.
- Information about students and their families provided by students, their families and others – for example, contact and enrolment details, health information, and parenting and access arrangements.
- Information about job applicants, staff, volunteers and visitors provided by job applicants, staff members, volunteers, visitors and others – for example, qualifications, working with children checks, teacher registration and banking details.
- Information about the activities of students, staff and families if they are on school grounds (for example captured through CCTV) or using school or departmental systems (such as school networks or school-acquired software).
HOW DO WE COLLECT THIS INFORMATION?
Schools collect information in a number of ways, including:
- in person and over the phone: from students and their families, staff, volunteers, visitors, job applicants and others
- from electronic and paper documentation: such as job applications, emails, invoices, letters, and forms (such as enrolment, excursion, medical, specialist or consent forms)
- through school websites and school-controlled social media
- through online tools: such as apps and other software used by schools
- through any CCTV cameras located at schools
- through photographs, film and other recordings
- through polls, surveys and questionnaires
- and, in some cases, through authorised information sharing arrangements with other services.
Collection Notice
Schools provide families with a privacy collection notice (also known as a collection statement or privacy notice) on enrolment and on an annual basis to communicate:
- the reason for collecting information about families and students
- how the information is used and disclosed
- how to access, update and correct the information.
Schools may also send out ad hoc collection notices during the year, for example if they are adopting new technologies or processes.
Consent processes
Consent is when someone voluntarily agrees for their information to be collected, used and/or shared within or outside the school or the Department.
Consent, when required, is sought in different ways and can be verbal, online or in writing, depending on the circumstances. There are many consent processes that may be applied during the school year.
Some consents are annual, for example the yearly photography consent process, while some will be for a specific purpose such as to collect information for a school event or use of a new software application.
When seeking consent for photographing students, schools apply the Photographing, Filming and Recording Students Policy.
Health services conducted in schools use specific consent forms, which include consent for use and disclosure of health information. For example, schools use the Student Support Services consent form to access these services for students.
Unsolicited information about people
Schools may receive information about you that they have taken no active steps to collect. If permitted or required by law, schools may keep records of this information. If not, they will destroy or de-identify the information when practicable, lawful and reasonable to do so.
WHY DO WE COLLECT THIS INFORMATION?
Primary purposes of collecting information about students and their families
Schools collect information about students and their families when necessary to:
- educate students
- support students’ social and emotional wellbeing, and health
- fulfil legal requirements, including to:
- take reasonable steps to reduce the risk of reasonably foreseeable harm to students, staff and visitors (duty of care)
- make reasonable adjustments for students with disabilities (anti-discrimination law)
- ensure, as far as is reasonably practicable, the health and safety of people in school workplaces (occupational health and safety law)
- enable schools to:
- communicate with parents about students’ schooling matters and celebrate the efforts and achievements of students
- maintain the good order and management of schools
- enable the Department to:
- ensure the effective management, resourcing and administration of schools
- fulfil statutory functions and duties
- plan, fund, monitor, regulate and evaluate the Department’s policies, services and functions
- comply with reporting requirements
- investigate incidents in schools and/or respond to any legal claims against the Department, including any of its school
Primary purposes of collecting information about others
Schools collect information about staff, volunteers and job applicants:
- to assess applicants’ suitability for employment or volunteering
- to administer employment or volunteer placement
- for insurance purposes, including public liability and WorkCover
- to fulfil various legal obligations, including employment and contractual obligations, occupational health and safety law and to investigate incidents
- to respond to legal claims against schools/the Department.
WHEN DO WE USE OR DISCLOSE INFORMATION?
Using and/or disclosing information refers to how it is utilised for a specific purpose, and how it is shared and/or made available to other individuals or organisations.
Schools use or disclose information consistent with Victorian privacy law and other associated legislation, including as follows:
• for a primary purpose – as defined above
• for a related secondary purpose that is reasonably to be expected – for example, to enable the school council to fulfil its objectives, functions and powers
• with notice and/or consent – for example, consent provided for the use and disclosure of enrolment details (the information collected will not be disclosed beyond the Department without consent, unless such disclosure is lawful)
• when the Department reasonably believes it is necessary to lessen or prevent a serious threat to: − a person’s life, health, safety or welfare
− the public’s health, safety or welfare
• when required or authorised by law – including as a result of our anti-discrimination law, occupational health and safety law, child wellbeing and safety law, family violence law, or reporting obligations to agencies such as the Department of Health and the Department of Families, Fairness and Housing and complying with tribunal or court orders, subpoenas, summonses or search warrants, and in some circumstances to meet our duty of care
• when required under the Child and Family Violence Information Sharing Schemes, with other Victorian schools and Victorian services to promote the wellbeing or safety of children, or to assess or manage family violence risk
• to investigate or report suspected unlawful activity, or when reasonably necessary for a specified law enforcement purpose, including the prevention or investigation of a criminal offence or seriously improper conduct, by or on behalf of a law enforcement agency
• as de-identified information, for research or school statistics purposes, or to inform departmental policy and strategy
• to establish or respond to a legal claim.
UNIQUE IDENTIFIERS
The Department assigns a unique identifier to every Victorian government school student in its student records system to enable schools to carry out their functions effectively. In addition, the Department uses a unique Victorian Student Number (VSN) assigned to each student by the Victorian Curriculum and Assessment Authority (VCAA) when they enrol in a Victorian government school, independent or Catholic school. The use of the VSN is regulated and can only be used as stipulated by legislation.
The Department also assigns international students a unique international student identifier number.
Other unique identifiers may be applied by schools.
Students undertaking vocational or university education can also register for a Federal Government issued and managed unique identifier, Unique Student Identifier (USI). The USI is used to create an online record of a student’s recognised Australian training and qualifications. Students are required to have a USI before they can receive their qualification or statement of attainment.