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ARTICLE · 18 MAY 2019

When disclosing information to parents is a notifiable data breach

Cooper Grace Ward
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Schools should have plans and procedures to respond to data breaches, to help avoid any possible reputational harm.

AustraliaPrivacy

The recent anniversary of the commencement of the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) provides a timely reminder to schools and other private educational institutions to review their compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

IS MY SCHOOL OR PRIVATE TERTIARY EDUCATIONAL INSTITUTION AFFECTED BY THE PRIVACY REGIME?

Most private schools and private tertiary educational institutions are APP entities because they:

  • are large organisations (with a turnover of more than $3 million);
  • are connected to a larger organisation that is covered by the Privacy Act, or
  • provide a health service and hold health information, including where providing a health service is not their primary activity.

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