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Ask James D. Ford Your Own Question
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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Can a primary school give out your personal information out

Customer Question

Can a primary school give out your personal information out such as address an phone number.thanku
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
When am I going to get an answer
Expert:  James D. Ford replied 1 year ago.

Hi, assuming that it is a government run primary school... it could be subject to the Australian Privacy Principles laid down by the Privacy Act 1988 (Comm.).

Therefore, they cannot release your personal information without your consent and approval.

If it is run by the Commonwealth or the ACT you can make a complaint regarding this breach of privacy here:

http://www.oaic.gov.au/privacy/privacy-complaints

Otherwise, which state or territory are you in? You would need to complaint to the local privacy commissioner...

for example in Qld:

https://www.oic.qld.gov.au/about/privacy

Kind regards,

James

Customer: replied 1 year ago.
We r in nsw an it's a public school,also when they ring u an u ask them what it's about they have to tell you the truth don't they.thanku
Expert:  James D. Ford replied 1 year ago.

Here is the link to the NSW Privacy Commissioner's website so you can make a complaint:

http://www.ipc.nsw.gov.au/privacy

http://www.ipc.nsw.gov.au/how-do-i-make-complaint

The following os copied from the website:

"About Privacy

New South Wales (NSW) public sector agencies often need to collect, store and use your personal and health information to provide you and your family with services such as transport, health and education.

In doing this, they are legally required to abide by Information Protection Principles (IPPs) and Health Privacy Principles (HPPs) to ensure your privacy is protected.

These principles include requirements that information about you must be relevant, accurate and does not intrude upon your personal affairs.

You can view information an agency holds about you by making an application to make sure it is correct.

Privacy can mean many things – from the right to be left alone, to the right to have some control over how your personal or health information is properly collected, stored, used or released.

Privacy can be thought of in different ways, for example:

  • Physical privacy – such as bag searching, use of DNA
  • Information privacy – the way in which government agencies or organisations handle personal information such as age, address, physical or mental health records
  • Freedom from surveillance – the right to go about our daily lives without being intentionally observed or having all our actions caught on camera.

How does NSW legislation view privacy?

The NSW Privacy Commissioner oversees NSW laws that protect your personal information and health information. These laws are the Privacy and Personal Information and Protection Act 1998 (PPIP Act) and theHealth Records Information Privacy Act 2002 (HRIP Act)."

I do not understand your last question..."when they ring u an u ask them what it's about they have to tell you the truth don't they"? in order to assist you I need more context... what is this regarding? it sounds like a separate matter? there is no requirement in the Privacy legislation that would force a primary school to tell you the details of why they are calling you over the phone... It may be just to organise a meeting with you to discuss a matter in more detail... again, my understanding is they do not have to tell you anything.

But if they do tell you something... it depends upon what they tell you... if it is a deliberate lie, or falsehood... there are laws regarding "misleading and deceptive conduct" which could apply... Perhaps, we can deal with this over the phone... I will send you an offer of additional service.

Kind regards,

James

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