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PRIVACY POLICYOnewhero Area School Policy Legislation (National Administration Guideline 6) RATIONALE The Board of Trustees is required to comply with the provisions of the Privacy Act, in all aspects as they relate to employees and students. Onewhero Area School will respect the privacy of individuals in all its dealings with students, staff, the community and outside agencies. References: Privacy Act, 1993; Education Act, 1990; Education Amendment Act, 1993; Archives Act, Privacy in Schools 2009, published by the The Privacy Commisioner, Official Information Act. PURPOSES 1. To promote and protect individual privacy with regard to the collection, use and disclosure of information relating to individuals 2. To guide access by each individual to information relating to that individual held by the school. GUIDELINES 1. The Board of Trustees will appoint a Privacy Officer. 2. Privacy procedures will comply with the principles which specify requirements in terms of the 12 PRIVACY PRINCIPLES: The 12 Privacy Principles - only collect information that you need to have - get the information from the individual concerned - tell the individual what you are doing - use lawful, fair and reasonable methods to collect information - store and transmit information securely - give people access to their information - dealing with incorrect personal information - checking for accuracy before use - retaining information for as long as necessary - use personal information for its purposes - limits on disclosure of personal information - use of personal identification numbers 3. The school, via the Privacy Officer, will actively promote awareness of privacy issues amongst staff and the community. 4. The Board, Senior Management, and the Privacy Officer, will develop procedures to ensure compliance with the Privacy Act, and the 12 Information privacy principles. 5. When there is a request for access to personal information, the school will process it within 20 working days in accordance with the Act. (Principle 6) 6. The Board acknowledges the right of individuals to change any information held about them if it is shown that the stored information is incorrect. (Principle 7) 7. The school will check and update information that is subject to change over time, at half yearly intervals. 8. The school will not pass on personal information to another source without the prior permission of the individual concerned. The school acknowledges the exceptions to this principle and will observe the requirements of those laws that over-ride the Privacy Act. (Principle 11) 9. All forms used for the collection of personal information will be noted with the following clause, advising individuals about the collection, storage, use and access to information: This information is gathered for the purposes of furthering the education of your child. It will be used within the school and as statistical information when required by the Ministry of Education. In completing such official requests individual students are not identified. You have the right to alter, amend, and view any of these details at any time while your child attends Onewhero Area School. 10. Where an individual believes their privacy to have been breached, or where the school takes any action that may possibly be considered a breach of privacy, the school will advise the individual of their right to make a complaint to the Privacy Commissioner. APPOINTMENT OF A PRIVACY OFFICER Each school is required to appoint a privacy officer. Refer to Appendix C for Job Description. BOARD MEETINGS Board meetings are usually open meetings at which observers can attend. There are also minutes from the meetings, which are publicly available documents. If there is a discussion about an individual at a board meeting, then it is acceptable practice for a resolution to be passed that observers/non board members be excluded from all or part of the meeting in order to protect the privacy of that individual. The relevant part of the minutes needs to be separated from the public copy of the minutes and identified as a confidential document. FORMS Enrolment forms (Appendix A) Extracurricular activities ie camp forms DISIPLINARY INVESTIGATIONS AND HEARINGS Under the Education Act, the principal is required to advise the Ministry of Education and a parent of the student of any stand-down, suspension, exclusion, and expulsion. In conducting a disciplinary hearing, the board should identify from the outset a proper procedure, including fair and reasonable notice, and written notification of any complaint. The board should also identify what information will be released to the complainant at the end of an investigation, including any penalty imposed on the individual. REPORTING TO PARENTS/GUARDIANS The Education Act requires schools to report if there is anything affecting the student's progress or harming the student's relationships. Although this information is usually shared throughout the year in Parent/Teacher/Student Learning conferences, and release of portfolios, this does not mean that parents are automatically entitled to all information relating to their child. There are times when information may remain confidential between the school and a student. LAWYER FOR CHILD Lawyer for child is a lawyer who has been appointed by the Court. The lawyer will represent the child in custody and access matters if a dispute has not been resolved through counseling and mediation and it seems unlikely the dispute will go to a court hearing. Lawyer for child reports to the Courts in the child's best interests. The NZLS protocol recommends that lawyers make all enquires in relation to a student through the school principal. Arrangements to interview teachers or school counsellors or to view school records should also be made through the principal. TRANSFER OF RECORDS BETWEEN SCHOOLS Under the Education Act, schools are required to share enrolment information and other school records if a student transfers to another school. A principal should consider principle 11 and professional codes of conduct/ethics when making a decision about disclosure to a forwarding school. COUNSELLORS AND HEALTH INFORMATION This is generally covered under the Health Information Privacy Code, issued under the Privacy Act and it governs the collection, storage, use and disclosure of health information and it gives individuals the right to access and request correction of their health information. There is also another law governing. Health information held by the counselor including the Health Act and professional obligations of confidentiality. CLASSROOM ACTIVITIES/EXERCISES AND PERSONAL INFORMATION Many classroom activities are centered round students revealing information about themselves and their families in a public classroom. These activities are founded on well established educational principles. TEACHER-AIDES/RELIEVERS/VOLUNTEERS All non-teaching staff should sign a form that records their understanding of the privacy policy and its principles, and their agreement to abide by it. Refer to Appendix B. INFORMATION AND COMMUNICATIONS TECHNOLOGY With the use of internet, the role of computers and mobile technology in teaching, this does not alter the privacy rights of students. O.A.S. has developed a policy that states clear internet, computer and cellphones use and which also reflects the right of privacy. SECURITY CAMERAS/CCTV If installing security cameras, the school needs to consider why it wants to use security cameras and take professional advice as to whether or not this technology will meet the purpose. Appropriate signage should be displayed, and the storage of information collected must be covered in school policy documentation. ENQUIRES BY POLICE AND OTHER GOVERNMENT AGENCIES If the Police have a search warrant in which a Court has ordered release of information, then the school should comply with the terms of the search warrant. If another government agency seeks information under its legislation (eg mandatory disclosure of information to care and protection co-ordinators under Children, Young Persons and Their Families Act), then the school must be satisfied that it is dealing with that agency and the school is entitled to ask that the agency put the request in writing, setting out the law on which it relies for mandatory release of the information. If the request is without a search warrant, and the school is satisfied the request is from the Police or other government agency - and the information is necessary for the maintenance of the law including the prevention, detection, investigation, prosecution and punishment of offences - then the school may release the relevant information. If a school is not certain about such release, then the request may be refused and the Police or other government agency can obtain a search warrant if the release is necessary. COMPAINTS PROCEDURE If someone believes that a school has interfered with their privacy or their child's privacy, they may make a complaint to the Privacy Commissioner. If the Commissoner's office decides to investigate the complaint, it will contact the school. If the problem is not resolved then the Privacy Commissioner may refer the matter to Director of Human Rights Proceedings who may take the complaint to the Human Rights Review Tribunal. Contact details can be obtained from the schools Privacy Officer. CONCLUSION In completing its primary function, the school will abide by the 12 privacy principles, ensuring that the collection, storage, access, and disclosure of information, protects each individual's privacy rights, as set out in the Privacy Act, 1993; Education Act, 1990; Education Amendment Act, 1993; Archives Act, Privacy in Schools 2009. Board of Trustees Chairperson: ________________________ 03/05/2011 Policy reviewed: 3rd May 2011. Next review date: 3rd May 2014. APPENDIX A See current Enrolment Form. APPENDIX B Acknowledgement of Receipt of Code of Conduct I .............................................(name) acknowledge that I have received a copy of the Code of Conduct issued ......................... I have also been advised/received a presentation outlining my obligations under the Code. I understand that a breach of the Code may lead to disciplinary action, including dismissal. Signed ..................................... Date.............................................. (remove this page from code and place original on employee's personal file) APPENDIX C Privacy Officer for Onewhero Area School Job Description: Attend a training course and make contact with the Office of the Privacy Commissioner. Undertake an audit of the way the school is handling personal information including collection, storage, use and disclosure. Undertake a review of forms used by the school to ensure compliance with the collection principles (1-4). Undertake a review of the way information is collected in the school ro ensure fairness including: - opportunities for parents to discuss the forms or obtain assistance - opportunities for parents/students to discuss matters in private, away from the front reception desk; and - videotaping, audio taping or photographing any person (including students) on school grounds with consent or on notice (eg.security cameras) Undertake an audit of the way information is stored in the school and shared amongst staff. There should be reasonable safeguards to avoid unauthorised access, use, modification or disclosure. Access to information should be limited to staff who need the information for their job. Develop policies or checklists to deal with information requests from individual, guardians/parents or other parties. Develop a process for updating records to ensure they are accurate (eg half- yearly check with parents to ensure contact details are correct). Undertake a review of information held to determine if it should still be retained. |
