With a rising number of employees claiming that asking for their vaccination status is a ‘breach of their privacy’, it is important for employers to understand their rights and obligations under the Privacy Act.
It comes as no surprise that many employers across Australia have commenced collecting their employees’ COVID‑19 vaccination status. However, on 30 November 2021, Virgin Australia entered into Federal Court consent orders to delete all proof of certain COVID-19 vaccination documents.
In this article, we explain who the Privacy Act 1988 (Cth) applies to, when employers can collect an employee’s vaccination status, and what employers must do with the information they collect.
We also discuss why Virgin Australia was required to delete all proof of COVID-19 digital certificates and Immunisation History Statements, and how employers can avoid making the same mistake.
Does the Privacy Act apply to vaccination status?
The Australian Privacy Principles (APP) in the Privacy Act apply to the collection, use and disclosure of personal information. An employee’s COVID-19 vaccination status is personal information because it constitutes health information about an identified individual that is considered sensitive information.
Who must comply with the APPs?
An employer’s organisation is an ‘APP entity’ and must comply with the APPs if it:
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