Confidentiality of information policy
1. Purpose
This policy outlines the nature in which Sustainability Victoria (SV) employees are to use Confidential Information and Personal Information and the consequences of failing to meet this requirement.
2. Scope
All SV Board members and SV employees are to abide by this confidentiality policy. This includes temporary agency employees, student placements, external assessors of grant programs, contractors and volunteers (employees) as well as external tenderers, suppliers, sponsors and other stakeholders (stakeholders).
3. Background
The Code of Conduct for Victorian Public Sector Employees 2015 states:
Official information
Public sector employees with access to official information ensure it is only used for official purposes and in an approved manner. Official and personal information is handled according to relevant legislation and public sector body policies and procedures.
Privacy and confidentiality
Public sector employees understand the importance of privacy and confidentiality. Confidential information requires special treatment and protection. Those people who provide confidential information to public sector employees have the right to expect this information will be treated as confidential. Public sector employees with access to confidential information ensure it remains confidential, and at all times act in accordance with legislation and policies relating to dealing with private information.
Maintaining confidentiality
Public sector employees receive and manage information in such a manner that its confidentiality will be maintained and that it will not be used to advantage a prospective employer or business, or disadvantage the Victorian Government.
4. Definitions
Confidential information - any information about our business which is not in the public domain and includes, but is not limited to, any note, memorandum, record, formula, writing, process, customer information, design of program obtained by or generated by you in the course of your employment.
Personal Information - means information (including in a database) or an opinion whether true or not, and whether recorded in a material form or not, about a person whose identity is apparent or can reasonably be ascertained from the information or opinion.
5. Legislation
Environment Protection Act 2017 (section 453 Unauthorised disclosure of commercially sensitive information).
6. Policy Statement
Confidential Information which may have come to your knowledge shall not be disclosed to any person and you will be required to take all necessary precautions to prevent unauthorised access to such information.
By accepting employment with Sustainability Victoria, you agree to the conditions of this policy both during your employment and after you have ceased working with us.
7. Procedure
Employee Obligations
During the course of your employment (including once you finalised employment) with SV you are required to use Confidential Information and Personal Information solely for the purposes of performing your duties as an employee.
Furthermore you will:
- not use Confidential Information to obtain directly or indirectly any pecuniary or other advantage for yourself or any other person
- not disclose any Confidential Information to any person, firm or company except as required for the performance of your work duties without the prior written consent of SV
- not take written Confidential Information, or copies or extracts of such information, away from the premises of SV unless necessary for work
- surrender any written Confidential Information in your possession to another employee when directed to do so by SV
- not retain in your possession after the final day of your employment with SV any Confidential Information or copies or extracts of such information.
It is important to note that your obligation of confidentiality will continue after the end of the employment in respect of all Confidential Information other than information forming part of your stock of general skill and knowledge.
Breaches
If you are found to be in breach of this confidentiality obligation whilst employed by us you will be subject to the Performance Counselling Procedure or in instances of serious misconduct disciplinary action may apply.
If you are found in breach of your obligation of confidentiality after the end of your employment we are entitled to take legal action to obtain any Confidential Information in your possession and/or seek damages arising from misuse of the Confidential Information.
Additionally, penalties apply if you are found to contravene section 453 of the Environment Protection Act 2017.
8. Related Documents
- Environment Protection Act 2017 (section 453 – Unauthorised disclosure of commercially sensitive information)
- Victorian Public Sector Code of Conduct (refer in particular to 3.4, 6.2 and 6.3).