Privacy & Confidentiality Policy
The right to confidentiality and privacy of the child and the family is outlined in Early Childhood Code of Ethics and National Education and Care Regulations. We will respect the privacy of children and their parents and educators, while ensuring that they access high quality early years care and education in our Service.
NATIONAL QUALITY STANDARDS (NQS)
Quality Area 4: Staffing Arrangements
4.2.2 Professional standards guide practice, interactions and relationships.
4.2.1 Management, educators an staff work with mutual respect and collaboratively and challenge and learn from each other, recognising each others strengths and skills
Quality Area 5: Relationship with Children
5.1.2 The dignity and the rights of every child are maintained
Quality Area 6: Partnership with Families
6.1 Respectful relationships with families are developed and maintained and families are supported in their parenting role
Quality Area 7: Governance and Leadership
7.2 Effective leadership promotes a positive organisational culture and builds a professional learning community.
7.2.1 There is an effective self-assessment and quality improvement process in place
7.1.2 Systems are in place to manage risk and enable the effective management and operation of a quality service
Education and Care Services National Regulations
Children (Education and Care Services) National Law WA
168 Education and care services must have policies and procedures
181 Confidentiality of records kept by approved provider
181-184 Confidentiality and storage of records
PURPOSE
To preserve private and confidential files of the children, families, staff and visitors using the service. We aim to protect the privacy and confidentiality by ensuring continuous improvement on our current systems use, storage and disposal of records, ensuring that all records and information about individual children, families, educators and management are preserved in a secure place and are only retrieved by or released to people who need the information to fulfil their responsibilities at the service or have a legal obligation to distinguish.
SCOPE
This policy applies to children, families, staff, management and visitors of the service.
IMPLEMENTATION
Early Childhood Services are obligated by law, service agreements and licensing requirements to comply with privacy and health records legislation when collecting personal and health information about individuals.
NATIONAL PRIVACY PRINCIPLES
NPP 1: Collection
Describes what an organisation should do when collecting personal information, including what they can collect, collecting from third parties and, generally, what they should tell individuals about the collection.
NPP 2: Use and disclosure
Outlines how organisations may use and disclose individuals’ personal information. If certain conditions are met, an organisation does not always need an individual’s consent to use and disclose personal information. There are rules about direct marketing.
NPPs 3-4: Information quality and security
An organisation must take steps to ensure the personal information it holds is accurate and up-to-date, and is kept secure from unauthorised use or access.
NPP 5: Openness
An organisation must have a policy on how it manages personal information, and make it available to anyone who asks for it.
NPP 6: Access and correction
Gives individuals a general right of access to their personal information, and the right to have that information corrected if it is inaccurate, incomplete or out-of-date.
NPP 7: Identifiers
Generally prevents an organisation from adopting an Australian Government identifier for an individual (e.g. Medicare numbers) as its own.
NPP 8: Anonymity
Where possible, organisations must give individuals the opportunity to do business with them without the individual having to identify themselves.
NPP 9: Trans-border data flows
Outlines how organisations should protect personal information that they transfer outside Australia.
NPP 10: Sensitive information
Sensitive information includes information such as health, racial or ethnic background, or criminal record. Higher standards apply to the handling of sensitive information.
Management will:
Ensure personal information in protected in accordance with our obligations under the Privacy Act 1988 (Cth) and Privacy amendments (Enhancing Privacy Protection) Act 2012 (Cth)
Ensure all records and documents are maintained and stored in accordance with Education and Care Service National Regulations
Ensure the service acts in accordance with the requirements of the 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 the 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 collect by the service
protection of personal information from unauthorised access
Ensure the appropriate 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’s Grievance Procedures. Where the aggrieved person is dissatisfied after going through the grievance process
Ensure families only have access to the files and records of their own children
Ensure information given to Educators will be treated with respect and in a professional manner
Children and staff files are stored in a locked and secure cabinet
Ensure Information relating to staff employment will remain confidential to the people directly involved with making personnel decisions.
Information shared with us by the family will be treated as confidential unless told otherwise.
Nominated Supervisor will:
Adhere to centre policies and procedures, supporting management
Ensure educators, staff, volunteers and families are aware of the privacy and confidentiality policy
Ensure the service obtains 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
Information given to Educators will be treated with respect and in a professional 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 allergies
Will 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.
Information shared with us by the family will be treated as confidential unless told otherwise.
Certified Supervisors and Staff will:
Read and adhere to the privacy and confidentiality policy at all times
Ensure recording information and photographs of children are kept secure and may be requires 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
Will 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.
Information shared with us 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 to share information about the individual or service, management information, or other staff as per legislative authority.
Personal information our service may request in regards to children:
Parent contact details
Emergency contact details and persons authorised to collect individual children
Children’s health requirements
Immunisation records
Developmental records and summaries
External agency information
Custodial arrangements
Incident reports
Medication reports
Child care benefit and child care rebate information
Medical records
Permission forms
Personal information our service may request in regards to staff:
Personal details
Tax information
Working contract
Emergency contact details
Medical details
Immunisation details
Working with children check
Qualifications
Medical history
Resume
Superannuation details
Child Protection qualifications
First Aid, Asthma and Anaphylaxis certificates
Source
Australian Children’s Education & Care Quality Authority. (2014).
Guide to the Education and Care Services National Law and the Education and Care Services National Regulations
ECA Code of Ethics.
Guide to the National Quality Standard.
National Privacy Principles https://www.oaic.gov.au/privacy-law/privacy-archive/privacy-resources-archive/national-privacy-principles
Privacy Victoria – www.privacy.vic.gov.au
United Nations Convention of the Rights of a child
Privacy Act 1988