[Informatics] Query about privacy laws

[Garth, Lucas A]

Hi Natalie
I recall saying in our conversation yesterday that there had been some edulist work on this – particularly Privacy Data and Protection Act 2014.  Well done Vera Cook (vcook at mscw.vic.edu.au<mailto:vcook at mscw.vic.edu.au>) on the 7 pager which is attached.

Even though it might not be all of what we’re looking for, it’s a start.

What we probably then need to know (from an Informatics standpoint) is whether we need to be fully teaching content on Copyright and Human Rights – as you’re right, it’s not part of the SD explicitly stated outside of the Glossary.  We really need clarification on this, and I’m generous, I’m happy to get this any time between now and June as I’m probably not going to be covering it until Unit 4 anyway.

Lucas from Lalor

From: informatics-bounces at edulists.com.au [mailto:informatics-bounces at edulists.com.au] On Behalf Of Natalie H
Sent: Saturday, 28 November 2015 10:41 AM
To: Year 12 VCE Informatics Teachers' Mailing List
Subject: [Informatics] Query about privacy laws

Hi all,

Great session yesterday - I really enjoyed getting my head around a few things. I did not particularly enjoy the headache afterwards as my brain tried to sort it all out :-/

I have a query about the privacy laws. It took me a while to sort out how to approach them in the old study design (not having studied law, just do my best to obey it!), and now I'm confused again.

Firstly, the glossary has an entry "For the purposes of this study the key provisions of the following acts are relevant: Privacy Act 1988, including Privacy Amendment (Enhancing Privacy Protect) Act 2012, Privacy and Data Protection Act 2014, Health Records Act 2001, Copyright Act 1968, Charter of Human Rights and Responsibilities Act 2006 (VIC) (sections 13, 14 and 15), and the Spam Act 2003 (Part 1.3, Simplified outline)."

I know that anything in glossary is a go-zone for exams, but what if the study itself doesn't refer to one of them? eg Informatics doesn't refer to the Spam Act or the Charter at all. I know that ITA students never had to worry about creating UCDs or an SRS even though they were technically in the glossary, but I've got my worrying hat on.

Question 1: Do ALL unit 3-4 students need to know about ALL of the legislation in the glossary?

If you're still reading, how about this? In Informatics U3O2, we have "Interactions and impact [dot point 1]  -key legal requirements for storage and communication of data and information, including privacy, intellectual property and human rights requirements"
Now, does this mean that students only need to know about these in a generic sense? Only SD refers explicitly to the Copyright Act. In other words, can a student mumble a few words about copyright and get credit for that?

Question 2: How much detail do students need if the KK points do not make specific reference to a law?

And lastly, (I don't post often, but when I do I go on a bit - sorry!!) could someone please give me the idiot's guide to the privacy laws? what I'm specifically after is what's new in the Privacy Amendment, and anything telling me about what the Privacy and Data Protection Act is about. I've made in the order of eleventy-six attempt to read the legislation (including their so-called "fact sheets") and didn't get very far. Informatics U4O2 has "Interactions and impact [dot point 3]  -key legislation that affects how organisations control the storage and disposal of their data and information: the Privacy Act 1988, the Privacy and Data Protection Act 2014, and the Health Records Act 2001" so I think I need to understand this!

I am assuming that the Privacy Act isn't much different, and same for the Health Records Act.

Question 3: When is each of the Privacy Act, Privacy and Data Protection Act, Health Records Act invoked, and what do they cover?

Sorry to carry on, but it's been getting to me for a while now. A lunchtime chat yesterday was helpful in that I know I'm not alone in this. I'd like to get my head around this so that my students aren't limited by my own lack of knowledge, and I'm always telling them to ask for clarification if the need it!

Cheers,

Natalie Heath (Marcellin College)

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