MSAP Privacy Statement for Australia and Other Locations

Introduction

By you registering to sit MSAP Ireland The Australian Council for Educational Research Ltd (ABN 19 004 98 145) (ACER) will collect your personal information to prepare for, administer and finalise all activities in relation to your undertaking of the MSAP Ireland, including:

  1. investigating any suspected misconduct and determining and administering any consequences for misconduct;
  2. disclosing to the universities that require MSAP Ireland scores, the CAO, the Tertiary Admissions Centres in Ireland and other persons or bodies connected with MSAP Ireland and them collecting, storing, using, disclosing your personal information in accordance with their policies from time to time; and
  3. disclosing to approved research bodies that have an interest in MSAP data. Any research report will include de-identified data only.

(the Purpose).

The information ACER may collect about you includes your registration information, your payment details, your test answers and results, any application for special testing conditions and any communications you have with MSAP Ireland.

Should you choose not to provide your relevant personal information then you may not be able to sit the MSAP Ireland and/or receive the benefit of ACER satisfying the Purpose.

Disclosure

ACER may disclose your personal information (including sensitive information such as health information in pursuit of the Purpose to:

  1. government or statutory bodies that have an interest in the MSAP;
  2. ACER contractors which may assist ACER in pursuing the Purpose from time to time;
  3. Medical or other professionals for the purpose of assessing applications you may make for adjustments for sitting conditions;
  4. Where required to do so by law, to government agencies, or individuals appointed by government, responsible for investigating and resolving disputes or complaints connected with the MSAP

Consents concerning sensitive information and transferring your personal information outside of Australia

If the Australian Privacy Act 1988 (Cth) (the Act) is applicable to any personal information you provide to ACER as a result of your registration, you CONSENT to ACER in pursuit of the Purpose:

  1. collecting and using any sensitive (such as health) information, for example, in case you need special consideration in sitting the MSAP Ireland;
  2. collecting, storing, using, disclosing and transferring OUTSIDE OF AUSTRALIA for purposes related to your registration, your personal information; and
  3. if your personal information is collected from a jurisdiction other than Australia where MSAP Ireland is administered your personal information being transferred to Australia in pursuit of the Purpose. In that instance your personal information will be collected, used, stored and disclosed in accordance with any applicable privacy law.
Under the Australian Privacy Principles contained in the Act  ACER is bound to take steps, reasonable in the circumstances, to ensure any overseas entity it discloses personal information to complies with those principles.   
 
BUT IF YOU CONSENT to such transfer, ACER will not have to take steps to ensure compliance with the Australian Privacy Principles by the entity to which it discloses.
   
YOU ARE NOTIFIED that the persons to whom the information is disclosed outside of Australia have no obligation to abide by the Australian Privacy Principles contained in the Privacy Act. The consequences of this may be, the:
  • country of the person may not have similar privacy laws or measures by which you may pursue any of your rights in respect of privacy as that of Australia;
  • person may not handle your personal information in the manner designated under the Australian Privacy Principles and you may not have any mechanism with which to seek redress;

Should you not wish to provide these consents or have any queries see below under ‘your rights’.

Remote proctoring

If you sit the MSAP Ireland by way of remote proctoring you will need to provide your personal information to ProctorU ACER’s remote proctoring supplier. ProctorU is a company based in the United States. Personal information provided to ProctorU will be stored outside of Australia. ProctorU’s privacy policy may be viewed at www.proctoru.com/privacy-policy .

Your rights

Should you NOT WISH to provide the above consents or wish to access and/or amend your personal information or wish to make a complaint related to privacy please contact David Noga, ACER Legal and Commercial Services at +61 3 9277 5555 or david.noga@acer.org. For further information concerning how ACER handles your personal information or what privacy rights you have please see: https://www.acer.org/privacy.