Respect privacy, ethics and confidentiality
It is important to treat your people and their data with respect. Being ethical and transparent about how you collect, use or disclose data helps build trust and foster engagement in measurement activities. In some cases, it may also be the law.
Part of the Measure what matters module.
Follow the rules to protect peoples’ privacy
As an employer, you may have a legal responsibility to follow the Privacy Act 1988 and the Australian Privacy Principles. The Act and principles set out the different types of information and the rules you must follow if collecting data that meets these criteria. Generally, sensitive information is subject to additional restrictions on collection, use and disclosure.
Personal information includes:
- identifying details (name, address, contact details, date of birth)
- worker record information
- photographs
- IP addresses
- voice, print and facial recognition biometrics
- location information from a mobile device.
Sensitive information includes:
- racial or ethnic origin
- political opinions or associations
- religious or philosophical beliefs
- trade union membership
- sexual orientation
- criminal record
- health or genetic information (including information about someone’s mental health).
People are more likely to participate in data collection activities if they are confident their information is kept secure and used ethically.
Act ethically
As well as your legal obligations, people expect their workplace to act ethically. This may mean being transparent about:
- the benefits and risks to workers of providing their information
- the sensitive and personal data you collect and store, and how you intend to use it
- when data collection is voluntary, when they can opt out and any consequences of not participating (noting workers are generally not required to disclose information about their mental health to their employer; workers must consent to that information being collected, and that consent must be free, informed and voluntary)
- how the data is stored and who has access
- when data will be archived or deleted.
Be mindful about language
When you talk about mental health in your data collection, avoid stigmatising language. The language you use to talk about mental health and ill health should be:
- respectful
- non-judgemental
- clear and understandable
- free of jargon
- sincere in carrying a sense of commitment and hope
- strengths based.