Privacy and Personal Information Policy and Procedure | Tracmin

Policy Overview:

This policy is to ensure that Tracmin Pty. Ltd. (trading as Tracmin) meets its legal and ethical obligations in regard to the collection, use, storage, security and destruction of personal and sensitive information collected from all stakeholders. Tracmin will adhere to all legislative requirements as outlined in the Privacy Act 1988, Australian Privacy Principles (and any subsequent amendments) as well as the requirements under the Standards for RTO’s 2015.

Objective:

To ensure that Tracmin, its staff and other stakeholders are aware of the measures in place to ensure the confidentiality and security of their personal and sensitive information and how the information collected will be used.

Scope:

This policy applies to the personal and sensitive information of all stakeholders of Tracmin.

Staff Responsible:

Compliance Standards:

This policy relates to the following Standards for RTO’s 2015: 2.2, 3.5, 4.1, 5.1 – 5.3, 5.4, 6.1 – 6.6.

Related Policies/Templates/Documents:

Definitions:

The Privacy Act 1988 was introduced to promote and protect the privacy of individuals and to regulate how Australian Government agencies and organisations handle personal information.
(Source: https://www.oaic.gov.au/privacy/the-privacy-act/)

The Australian Privacy Principles (APP) are guidelines that outline the mandatory requirements of the APP, how they interpret the APP’s, and matters they may take into account when exercising functions and powers under the Privacy Act 1988.

The Australian Privacy Principles are:

Consent means express or implied consent. The four key elements of consent are:

  1. The individual is adequately informed before giving consent
  2. The individual gives consent voluntarily
  3. The consent is current and specific, and
  4. The individual has the capacity to understand and communicate their consent.

Express consent is given explicitly, either orally or in writing. This could include a handwritten signature, an oral statement, or use of an electronic medium or voice signature to signify agreement.

Informed consent means that an individual must be aware of the implications of providing or withholding consent, for example, whether access to a service will be denied if consent is not given to collection of a specific item of personal information. An APP entity should ensure that an individual is properly and clearly informed about how their personal information will be handled, so they can decide whether to give consent. The information should be written in plain English, without legal or industry jargon

(Source: https://www.oaic.gov.au/assets/privacy/app-guidelines/app-guidelines-july-2019.pdf)

Destroying or de-identifying personal information – means that you must take reasonable steps to destroy of de-identify the personal information they hold once it is no longer needed for any purpose for which it may be used or disclosed under the APP.

Personal information is defined as any information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  1. Whether the information or opinion is true or not; and
  2. Whether the information or opinion is recorded in a material form or not

Common examples are an individual’s name, signature, address, telephone number, date of birth, medical records, bank account details, employment details and commentary or opinion about a person.

(Source: https://www.oaic.gov.au/assets/privacy/app-guidelines/app-guidelines-july-2019.pdf)

Sensitive information is a subset of personal information and is defined as:

Information or an opinion (that is also personal information) about an individual’s:

  1. Racial or ethnic origin
  2. Political opinions
  3. Membership of a political association
  4. Religious beliefs or affiliations
  5. Philosophical beliefs
  6. Membership of a professional or trade association
  7. Membership of a trade union
  8. Sexual orientation or practices, or
  9. Criminal record

Health information about an individual

Generic information (that is not otherwise health information)

Biometric information that is to be used for the purpose of automated biometric verification or biometric identification, or

Information may be sensitive information where it clearly implies one of these matters. For example, many surnames have a particular racial or ethnic origin, but that alone will not constitute sensitive information that clearly indicates the racial or ethnic origin of an individual with that surname.

Sensitive information is generally afforded a higher level of privacy protection under the APP’s than other personal information. This recognises inappropriate handling of sensitive information can have adverse consequences for an individual or those associated with the individual.

(Source: https://www.oaic.gov.au/assets/privacy/app-guidelines/app-guidelines-july-2019.pdf)

A Record is defined in s 3(1) of the Archives Act as ‘a document, or an object, in any form (including electronic form) that is, or has been, kept by reason of:

  1. Any information or matter that it contains or that can be obtained from it; or
  2. Its connection with any event, person, circumstance or thing’.

(Source: https://www.oaic.gov.au/assets/privacy/app-guidelines/app-guidelines-july-2019.pdf)

Notifiable Data Breach happens when personal information is accessed or disclosed without authorisation or is lost. If the Privacy Act 1988 covers your organisation or agency, you must notify affected individuals and us when a data breach involving personal information is likely to result in serious harm.

(Source: https://www.oaic.gov.au/privacy/notifiable-data-breaches/)

Privacy by State

Queensland

Information Privacy Act 2009 QLD: https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-014

Office of the Information Commissioner Queensland: https://www.oic.qld.gov.au/

(Source: https://www.oaic.gov.au/privacy/privacy-in-your-state/)

Queensland

Information Privacy Act 2009 QLD: https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-014

Office of the Information Commissioner Queensland: https://www.oic.qld.gov.au/

(Source: https://www.oaic.gov.au/privacy/privacy-in-your-state/)

Policy

Collection of Personal & Sensitive Information

Tracmin will collect information from students, staff, other stakeholders in the course of its business operations either in electronic or hard copy format.

The information collected is for the sole purpose of meeting regulatory, legislative, and contractual requirements relating to training and assessment services that Tracmin provides.

Use & Disclosure of Personal & Sensitive Information

Tracmin will ensure that students, staff and other stakeholders are informed about how their personal and sensitive information will be used and for what purpose.

Personal information such as personal and contact details, course enrolment information may be disclosed when it is necessary to assist a regulator, to meet legislative obligations such as:

  1. The Australian Government
  2. Australian Apprenticeship
  3. Service Network Provider (AASN)
  4. National Centre for Vocational Education Research (NCVER)
  5. Australian Skills Quality Authority (ASQA)
  6. Training Accreditation Council (TAC)

Storage of Personal & Sensitive Information

Tracmin will take all reasonable steps to protect and safely store all personal and sensitive information in a central and secure location.

Tracmin will ensure that all personal and sensitive information is also saved in the student management system (aXcelerate) which is a Cloud based program.

Tracmin does not allow any personal or sensitive information to be stored in any staff members email account and will schedule regular purging of all deleted emails.

Data/Information Security

Tracmin will schedule automatic purging of all deleted staff emails every 30 days to ensure no personal or sensitive information is held beyond this period.

Tracmin will ensure that all personal and sensitive information it holds is protected by:

  1. Electronic information held is on a secure server with restricted access for the period of time specified by the regulator, government bodies and any funding contracts.
  2. Paper-based files are stored in a secure and locked area with only authorised staff access and information is held for the period specified by the regulator, government bodies and funding contract requirements.

Access to Personal & Sensitive Information

Tracmin will ensure that students have access to all personal and sensitive information that Tracmin has collected from them upon request.

Any student or third-party requesting personal or sensitive information held by Tracmin will be required to complete a F-316.2 Student Information Release Form that MUST be signed by the student to allow the information to be released.

Destruction/De-Identifying Personal & Sensitive Information

Tracmin will take all reasonable steps to ensure that they destroy or de-identify the personal information they hold once it is no longer needed for any purpose.

Tracmin will destroy or de-identify all personal and sensitive information as a key component of their risk mitigation strategy to ensure it complies with all legislative requirements.

The process of destroying and de-identifying personal and sensitive information will put the information ‘beyond use’ which includes ensuring there are no backup copies of any kind.

Data Breaches

Under the Notifiable Data Breach scheme, Tracmin will comply with Australian privacy law by advising the Office of the Australian Information Commissioner (OAIC) of any data breaches within 30 days.

In the unlikely event of a data breach, Tracmin will make every effort to reduce the chance of an individual experience of harm.

1.Collection of Personal & Sensitive Information

Action / TaskResponsibleTimeline
Personal / Sensitive Information – Students
1.1  Tracmin will collect personal / sensitive information from students as part of the enrolment process.BDMPrior to enrolment
1.2  The information collected from students will only include information required by the regulator and any state funding contract. 
1.3  Tracmin will only use the collected information from any source for the purpose for which it was collected. 
1.4  Students will be advised at the time of enrolment what information needs to be collected, the purpose of collecting the information and that the information will not be used for any other purpose. 
Personal / Sensitive Information – Staff
1.5  Tracmin will collect personal / sensitive information from staff members as part of the recruitment process.Operations ManagerAs part of the recruitment process
1.6  The information collected from staff members will only include information required by the Human Resources department and any legislative requirements. 
1.7  Tracmin will only use collected information from any source for the purpose for which it was collected. 
1.8  Staff will be advised at the time of appointment what information needs to be collected, the purpose of collecting the information and that the information will not be used for any other purpose. 

2.Use & Disclosure of Personal & Sensitive Information

2.1  Tracmin will ensure that prior to enrolment, students will be informed about why their personal and sensitive information is being collected and how it will be used.BDMPrior to enrolment

2.2  Tracmin will ensure that students are aware that the enrolment collected may be disclosed to the regulator and other bodies to meet legislative obligations. These can include:

The Australian Government
Australian Apprenticeship Service Network Provider (AASN)
National Centre for Vocational Education Research (NCVER)
Australian Skills Quality Authority (ASQA) Training Accreditation Council (TAC)
 
3.Storage of Personal & Sensitive Information

3.1  Tracmin will take measures to ensure that the secure storage of personal and sensitive information which includes:

All staff responsible for the storage of personal and sensitive information will ensure that it is stored in a secure, central location approved by the Compliance Team in consultation with the Operations Team.
All staff responsible for the storage of personal and sensitive information will ensure that all student information is stored in the student management system (aXcelerate) which is a Cloud based program.
All staff responsible for the storage of personal and sensitive information will ensure that information is only stored for the timeframe specified by the regulator, government bodies and any funding contracts (refer to P-033.2 Records Management Policy & Procedure for further details).
In accordance with Section 11 of the Student Identifiers Act 2014 Cth (SI Act), Tracmin will securely store personal information which we collect from the student solely for the purpose of applying for a Unique Student Identifier (USI) on the students behalf. Any person to whom personal information is disclosed, is not permitted to use or disclose the information for a purpose other than the purpose for which the information was gathered.
Compliance Team National Systems ManagerOngoing

4. Data/Information Security

4.1  Tracmin will take measures to ensure the security of the information it collects and holds by:

Scheduling regular purging of deleted emails every 30 days to ensure no information is held beyond this period in this location. Staff are required to regularly check that any emails in their deleted email folders are no longer required.
All staff responsible for the maintenance of information electronically must ensure that information collected and held by Tracmin is saved on a secure server in the specified location/s.
All staff responsible for the maintenance of paper-based files are tasked to ensure that these files are always stored in the designated secure and locked area.
National Systems ManagerEvery 30 days

5. Access to Personal & Sensitive Information

5.1  Any stakeholder of Tracmin has access to their personal and sensitive information collected and held by Tracmin.Compliance Team Administration StaffAt the time of each request
5.2  Should any stakeholder wish to access their personal or sensitive information, they must first verify their identity and provide written consent by completing the F-316.2 Student Information Release Form and sending to the Student Enquiries email address: compliance@tracmin.edu.au  
5.3  Should any third-party request personal or sensitive information held by Tracmin they will be required to complete F-316.2 Student Information Release Form that is signed by the stakeholder giving their permission for the information to be released.  
5.4  Where any information has been requested in hard copy/via post, they will be sent to the address held on file for that individual or the address requested by the third-party (such as subpoena documents).  
5.5  All requests will be reviewed by the Compliance Team within 15 business days.  
5.6  Once approved, the administration staff member can provide the third-party with the requested information.  
5.7  If Tracmin is advised that any personal or sensitive information is incorrect or has changed, an individual can request for this information to be updated by informing Tracmin in writing and providing proof of the change. This can include although not limited to: Change of address Change of name Change of citizenship Employment details If records are found to be incorrect  
5.8  There is no charge for this process however where Tracmin is required to make copies of documents there will be a charge of 20 cents per page.  
5.9  Charges will be incurred for re-issuing AQF certification documentation (refer to P-043.2 Issuing AQF Certification Documentation Policy & Procedure).  
5.10 The Administration Team must document the process of providing the requested information in the student management system (SMS) in the contact notes.  

6. Destruction/De-Identifying of Personal & Sensitive Information

6.1  Tracmin will take steps to destroy and de-identify information collected and held from all stakeholders by:

Tracmin will destroy and de-identify information that is deemed to be no longer relevant to the business. The steps taken by Tracmin will put the information ‘beyond use’
Compliance Team National Systems Manager Relevant staffOnce the information is no longer required

7. Data Breaches

7.1  If you have identified a data breach you MUST report the breach immediately to your direct manager, either: Operations Manager General Manager (Training) Managing Director (ASG)Operations Manager General Manager (Training)Immediately
7.2  It is the responsibility of Ashley Services Group (ASG) to report all notifiable data breaches to the Office of the Australian Information Commissioner (OAIC) within 30 days of the breach occurring.National Systems Manager Managing Director (ASG)Within 30 days of a breach occurring
7.3  A notifiable data breach occurs when: There is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that an organisation holds This is likely to result in serious harm to one or more individuals AND The organisation has not been able to prevent the likely risk of serious harm with remedial action  
7.4  If a notifiable data breach has occurred, you must notify OAIC and include the following information:
Organisation name
A description of the data breach
The kinds of information involved
Recommendations about the steps individuals should take in response to the data breach
National Systems Manager 
7.5  To submit the abovementioned information, go to: https://www.oaic.gov.au/privacy/notifiable-data-breaches/report-a-data-breach/ and complete the online form.National Systems ManagerAs soon as possible