(1)
These guidelines are to assist staff (and students) with regard to understanding the circumstances and conditions by which information about students held by the University may be disclosed to the students themselves and to others. (2)
In reading these guidelines reference should also be made to the University's Privacy Policy and its Privacy Management Plan. A brochure, Privacy and You, is also available for students from the campus Student Centres. (3)
Nil. (4)
The University collects personal information about students to enable the provision of educational and associated welfare services to the student and to ensure proper administration of the University including in relation to matters of misconduct. The purposes for which personal information of the student may be disclosed are set out in these guidelines. (5)
Students have a right to inspect the records held by the University and to seek to amend any personal information they consider to be incorrect. The University has an obligation to ensure that the personal information it holds is accurate, relevant, up to date, complete and not misleading. If the student and the University disagree as to the accuracy of information the student has a right to attach a statement to the personal information. In terms of the formal student record an application to inspect and/or amend their record should be made in writing to the Academic Registrar via the Student Centres. (6)
When students seek information about themselves or wish to amend personal information it is important to ensure that they are able to verify that they are who they say they are. All requests must be made in writing, by email using a UWS student email account or in person to any Student Centre. Where necessary University staff should aim to identify individuals on the basis of primary source information held by the University. (7)
The basic principle to follow here is that information should be provided only where its intended use is for the purposes related to the student's enrolment and progress at UWS and associated administration of the University relating to the student. Even then only the information necessary for the task at hand should be provided. The critical test is that the staff member, committee or agency has a legitimate, University related, reason for having access to the information. (8)
Requests by staff or committees for personal student information where that information is not normally provided as part of the staff member or committee's function should be made in writing, detailing the reasons for the request. (9)
All staff and committees that have access to personal information relating to students must ensure that the records are kept secure and confidential and protected from unauthorised access or misuse. Only authorised staff of the OAR and to a limited extent Colleges are able to add entries or make amendments to student records via a system that restricts access and controls input. (10)
The OAR has an established process for the granting of various levels of access rights to the Callista student records system to view student information. (11)
It is often the case that parents or other relatives or friends seek access to personal information about students. While in the majority of cases this is well-meaning, occasionally it may not be. Such persons have no right of access to the information unless they have the consent of the student involved. Note that the student's consent should be provided to the University not to the relative or friend. (12)
On occasions student association representatives (e.g. welfare workers) or staff members of the University (e.g. counselling staff) or others approach the University for personal information or seek to canvass confidential matters related to a student. Once again these parties do not have a right of access to the information. In such cases there must be clear and specific consent by the student to the University for the agent or representative to be involved in this way. Normally this consent would be in writing. If it is impractical to obtain written consent a file note should be made of the verbal consent. As far as possible general statements of consent should be avoided. The more information in terms of detailing what information can be released along with specified time periods (i.e. not opened ended consents) the better. (13)
The Privacy and Personal Information Protection Act, 1998, (PPIPA), provides limited access to personal information, for other than the purpose for which it is collected, where the disclosure of that information is necessary "to prevent or lessen a serious and imminent threat to the life or health of the individual to whom the information relates or of another person". (14)
Note that this provision is not limited to members of the police but they are the most likely persons to be seeking information on this basis. (15)
If staff are approached for information on this basis they should: (16)
Where a staff member is uncertain about an emergency request, consideration could be given to a responsible officer from the University contacting the student and notifying them about the request. (17)
All requests by police or other investigative bodies must be in writing with specific reference to the legal basis on which they rely in order to obtain the information sought. (18)
While PPIPA provides that agencies such as the University are able to provide personal information for law enforcement purposes, UWS will normally only provide personal information in the context of law enforcement related to criminal investigations. Such requests should be in writing and directed to the Academic Registrar, in the case of information about students, the Director of Human Resources in the case of information about staff or to the UWS Legal Counsel or in their absence their designated nominees. (19)
The University must adhere to directions contained in subpoenas, warrants and any other legally binding instruments regardless of whether they are criminal matters. Once again these documents should be directed to the UWS Legal Counsel. (20)
Any externally generated request for information relating to a student needs to be assessed. (21)
Where Government or External agencies seek information, they should be asked to put the request in writing, or to produce a subpoena, that demonstrates the legal basis of their request. All subpoenas or other demands for access 'on the basis of law' should be directed to the UWS Legal Counsel. Front line staff should not feel coerced or intimidated by such requests and where there is any doubt, ensure that the request is put in writing and dealt with by the appropriate senior officer in the unit. Normally the University will not disclose information unless there is a legal obligation to do so. (22)
The University does have specific obligations to provide information to Commonwealth agencies such as the Department of Education Science and Training (DEST) for statistical purposes, Centrelink for enrolment details associated with Centrelink payments, the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA), the Australian Taxation Office (ATO) and the like. The University also collects and provides student information to recognised student associations to enable those associations to function and support student life at UWS. (23)
Where a student requests that information be provided to a third party such as a prospective employer (e.g. that the student is eligible to graduate) it is preferable to provide the statement to the student to then convey but if it is to be provided to the third party there must be explicit consent on the part of the student. (24)
Where another university or educational institution seeks information about a student of UWS, the University would normally supply only the details of the student's academic record. Such requests usually relate to the student transferring or enrolling at another university on the basis of studies at UWS. (25)
In the case of graduates, the University maintains records of all its graduates and makes information comprising name, academic award, and year of conferral, publicly available to those with a legitimate interest in confirming that information, such as employers or other academic institutions.Disclosure and Use of Student Personal Information Guidelines
Section 1 - Purpose and Context
Section 2 - Definitions
Section 3 - Guidelines
Why is student information collected?
Disclosure to Students of Their Own Records
Use of Student Personal Information by University Officers or Committees
Disclosure of Student Personal Information to Family and Friends or to Representatives
Disclosure of Student Personal Information in Emergency Circumstances
Disclosure of Student Personal Information to the Police and other Investigative Bodies
Disclosure of Student Personal Information to Government or External Agencies
Disclosure of Student Personal Information to other Education Institutions
Disclosure of Personal Information About Graduates of the University
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