Victoria: OVIC publishes FAQs regarding COVID-19 vaccination information and privacy in an employment context
The Office of the Victorian Information Commissioner ('OVIC') published, on 29 October 2021, frequently asked questions ('FAQs'), which answer some of the most common questions the OVIC is asked about privacy and COVID-19 vaccination information. In particular, the FAQs highlight that an employer is able to collect information about vaccination status if this is required by law. Furthermore, the FAQs clarifies that vaccination status relates to whether you are fully vaccinated, partially vaccinated, unvaccinated, or you have medical grounds for being unable to be vaccinated.
In addition, the FAQs note that employers must only use or disclose vaccination information for the purpose of confirming your vaccination status, unless a specific exception under privacy law allows the use or disclosure for a different purpose. Moreover, the FAQs confirms that employers must also take reasonable steps to protect the vaccination information they hold from being lost, misused, or subject to unauthorised access, modification, or disclosure. Finally, the FAQs provide a number of contact details which can be used to ask for further clarification or to submit queries.
You can access the FAQs here.
UPDATE (31 March 2022)
OVIC updates FAQs regarding COVID-19 vaccination information
OVIC updated, on 29 March 2022, its FAQs, answering some of the most common questions the OVIC is asked about privacy and COVID-19 vaccination information. In particular, the FAQs highlight that employers must make a record that it 'sighted proof' of an employee's vaccination status, but should not keep a copy of any documents provided as evidence unless this is necessary. In addition to this, the FAQs note that venues that individuals wish to attend as a patron (cafes, bars, cinema, theatres etc.) must also see evidence of vaccination status.
You can access the updated FAQs here.