Rationale: (why do we need this policy?)
The Privacy Act 1993 seeks to promote individual privacy by establishing principles for the collection, use and disclosure of information, which relates to individuals. It also governs how that information is accessed.
The Act contains 12 principles:
Purpose of collection of personal information
Source of personal information
Collection of information from subject
Manner of collection of personal information
Storage and security of personal information
Access to personal information
Correction of personal information
Accuracy etc. of personal information to be checked before use
Agency not to keep personal information for longer than necessary
Limits on use of personal information
Limits on disclosure of personal information
Unique identifiers.
The purpose of this policy is to ensure that Crossways Community Creche (Early Learning Centre) is compliant with the Privacy Principles for the collection, use and disclosure of personal information as set out in the Privacy Act 1993.
Objectives: (What do we hope to achieve?)
The Privacy Act covers personal information - that is any information which is collected about an identifiable individual. It will affect what information is collected about people, as well as how it is obtained, stored and used. The information collected can be used only for the purpose for which it is obtained. Crossways Community Creche is committed to safeguarding the private information of children, and whanau, and managing personal information in a way that abides by the principals of the Privacy Act 1993.
Guidelines: (How will we achieve it?)
- Information about any person or whänau will wherever possible, be collected directly from that person or whänau.
- All information collected will only be used for the purpose(s) for which it is collected or sought (e.g. child’s placement or employment).
- Information will be stored for seven years with proper safeguards against loss or wrongful disclosure. A list of those people who have access to the information and crèche owned ICT devices will be maintained by the Privacy Officer.
- Only people whose jobs directly relate to the information obtained and stored should have access to it. The Licensee and Senior Teacher have access to the filing cabinet and are responsible for ensuring unauthorised persons do not have access to files containing personal information.
- Individuals will be entitled to have access to personal information held about them or their child, unless there are good reasons to withhold it. Parents are able to request that any incorrect information held be corrected. Good reasons for withholding information are set out in Part 4 of the Privacy Act and include where disclosure may endanger the health or safety of any individual or where the information is evaluative and was given in confidence.
- A notice will be displayed on the main notice-board identifying the Privacy Officer for the Crèche. This will usually be the Senior Teacher.
Guidelines for privacy of information regarding children
It is important that consent is given by a child’s legal guardians before any personal information on a child or his/her whänau is shared. The enrolment form includes a consent form to be completed by a child’s legal guardian at the time of enrolment.
If a child’s legal guardian does not consent to the disclosure of any particular personal information, this should be clearly marked (e.g. written in capitals and highlighted) on that child’s records to safeguard against accidental disclosure.
In providing information about a child, care should be taken to prevent unnecessary and/or unauthorised disclosure of other personal information about that child or any other child e.g. by blocking out information or names.
In the absence of a proper consent, a child’s personal information generally can be given only to the child’s legal guardian(s). If there is any uncertainty over whether the information can be shared, it is best to contact a legal guardian of the child and to ask if the information requested can be given to the person/agency asking for it, or if they would like to contact the person/agency directly.
Nothing in clause 10 prevents disclosure to professional agencies such as the Police or Child Youth and Family, or to a health professional, in circumstances where the health or safety of the child may be at risk.
Review
This policy shall be reviewed annually.
References
The Privacy Act (1993)
Ministry of Education OE’s “Personnel Management” resource (2001)
Ministry of Education Privacy Policy template for Early Childhood Centres
Ministry of Education Education (ECE) Regulations 2008, Regulation (47)
Approved date: October 2020 Review date: October 2022