Are private schools and colleges covered by the new private sector provisions...

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Question: Are private schools and colleges covered by the new private sector provisions of the Privacy Act 1988?

Answer: If a private school or college has an annual turnover of more than $3 million, then it will be covered by the new private sector provisions from 21 December 2001. Most smaller private schools are also likely to be covered by the Act for various reasons, for example, because they are related to a larger organisation or because they provide a health service and hold health information. For more detail, on whether such schools might be covered, see Information Sheet 12 - 2001

A "health service" and "health information" are broadly defined by the Privacy Act 1988. (For more information, see section 6 of the Privacy Act 1988. So if a school or college employs a nurse or other health professional to look after the students' health, it clearly provides a health service. But the provision of physical education classes or fitness instruction is likely also to fall within the definition of a health service. Any information about a student which the organisation collects in providing such a service would then be regarded as health information within the meaning of the Act.

It is the Federal Privacy Commissioner's view that in most instances private schools and colleges should assume that they will be covered by the new privacy laws and that they should comply with the National Privacy Principles (NPPs).