The Privacy Act sets out when and how personal information can be shared. If you collect, hold or use personal information, you must comply with the Privacy Act 1993.
Personal information is any information that relates to an individual and could identify them.
Sometimes there are good reasons for sharing this information. Early learning services operate under the same legislation as schools and kura for information sharing.
Information sharing provisions are also included in other legislation that is relevant for the education sector: the Oranga Tamariki Act 1989 and the Family Violence Act 2018.
Oranga Tamariki Act 1989
Information sharing provisions in the Oranga Tamariki Act 1989 relate to the wellbeing and safety of children.
In practice, this legislation is likely to be more directly relevant for our sector than the Family Violence Act, because it involves children.
Guidance about information sharing is available on the Oranga Tamariki website.
The Ministry has created additional guidance to support the education sector.
Family Violence Act 2018
The Ministry of Education, school boards, licensed early childhood services and teachers with current practising certificates or limited authority to teach, are all covered by information sharing provisions in this Act.
We are required to consider sharing information if it may help protect a victim from family violence, or if we receive a request for information. Guidance about information sharing under the Family Violence Act is available on the Ministry of Justice website.
Learning support information about individual children and young people may need to be shared in groups.
The guide below applies to sharing learning support information in groups. It contains practical suggestions based on real scenarios, a consent checklist and protocol templates.
Guide for groups sharing learning support information
Download the guide
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