This document sets out the approach which the Data Governance Australia (DGA) will take in relation to the treatment of Personal Information. It includes information on how DGA collects, uses, discloses and keeps secure, individuals’ personal information. It also covers how DGA makes the personal information it holds available for access to and correction by the individual.
This policy is a public document and has been prepared in light of APP 1, Open and transparent management of Personal Information.
1.1 DGA will only collect Personal Information where the information is necessary for DGA to perform one or more of its functions or activities. In this context, “collect” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.
1.2 DGA collects Personal Information primarily to supply employees of member organisations and individuals who obtain DGA products and services directly from DGA with information and details of it’s products and services. DGA also collects and uses Personal Information for secondary purposes including:
• provision of products and services;
• accounting purposes; and
• business planning and product development.
1.3 DGA collects Personal Information in a number of different ways including:
• forms (both paper and online, electronic forms);
• face to face meetings;
• communications via telephone, email or facsimile;
• interaction with our websites; and
• via our social media accounts.
1.4 DGA will notify individuals (including, but not limited to, our customers) of the matters listed below at the time of collecting any Personal Information:
• the main reason that we are collecting Personal Information (this reason will be the Primary Purpose);
• other related Uses or Disclosures that we may make of the Personal Information(Secondary Purposes);
• our identity and how individuals can contact us, if this is not obvious;
• that individuals can access the Personal Information that DGA holds about them;
• that individuals should contact DGA (even if they are not a member or an employee of a member) if they wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;• the organisations or types of organisations to whom we usually Disclose the Personal Information;
• where applicable, any law that requires the Personal Information to be collected;
• the consequences (if any) for the individual if all or part of the Personal Information is not provided to DGA.
1.5 Where it is not practicable for DGA to notify individuals of all of the Collection Information before the collection of Personal Information, DGA will ensure that individuals are notified of the Collection Information as soon as possible after the collection. DGA will provide “post collection notification” in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.
1.6 DGA will not collect Sensitive Information from individuals except with express consent from the individual and only where it is necessary for DGA to collect such information for an activity or function.
1.7 DGA will not collect Personal Information secretly or in an underhanded way.
1.8 DGA will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.4.
2.1 DGA will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual’s Reasonable Expectations.
2.2 DGA Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If DGA relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
• individuals are clearly notified of their right to Opt Out from further Direct Marketing; and
• if the individual Opts Out of all Direct Marketing the Opt Out will be respected by DGA and implemented free of charge.
2.4 DGA will not use Sensitive Information for Direct Marketing.
2.5 DGA may use Personal Information to avoid an imminent threat to a person’s life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
2.6 DGA will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
2.7 DGA will not attempt to match de-identified or anonymous data collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.
3.1 DGA may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual.
3.2 DGA may Disclose Personal Information to unrelated third parties to enable outsourcing of functions where that Disclosure or Use is for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations.
3.3 DGA will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.
3.4 In the rare event that DGA is required to disclose Personal Information to law enforcement agencies, government agencies or external advisors DGA will only do so in accordance with the Privacy Act or any other relevant Australian legislation.
3.5 DGA may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.
3.6 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, DGA will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.7 DGA does not generally share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved.
4. Information Quality
4.1 DGA will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 DGA will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years, unless the law requires otherwise.
5. Information Security
5.1 DGA requires employees and contractors to perform their duties in a manner that is consistent with DGA’ legal responsibilities in relation to privacy.
5.2 DGA will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within DGA who have a genuine “need to know” as well as “right to know”.
5.3 DGA will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
6. Access and Correction
6.1 DGA will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 DGA will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting DGA, as per the details on the back of this document.
6.4 DGA will not normally charge a fee for processing an access request unless the request is complex or is resource intensive.
7.1 Contact with DGA via phone or web inquiry will be the first point of contact for inquiries about privacy issues.7.2 Any formal privacy related complaints should be directed in writing to the DGA Privacy Officer Level 6 50 Carrington Street Sydney NSW 2000.
7.3 DGA will endeavour to manage any privacy related complaint efficiently and in a timely manner.
8. Anonymous Transactions
8.1 DGA will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. DGA may however request visitors to provide Personal Information voluntarily to DGA (for example, as part of a competition or questionnaire).
8.2 DGA will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
9. Transferring personal information overseas
9.1 DGA generally does not send information overseas.
9.2 If Personal Information must be sent by DGA overseas for sound business reasons, DGA will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the Australian Privacy Principles, preferably as part of the services contract.
10. GlossaryCollection Information means the information outlined in 1.5 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.
Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of DGA or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside DGA, including under a contract to carry out an “outsourced function”.
Health Information means:
• information or an opinion about:
• the health or a disability (at any time) of an individual; or
• an individual’s expressed wishes about the future provision of health services to him or her; or
• a health service provided or to be provided to an individual; that is also personal information; or
• other personal information collected to provide or in providing a health service; or
• other personal information about an individual collected in connection with the donation; or intended donation by the individual of his or her body parts or body substances.
Opt-out means an individual’s expressed request not to receive further Direct Marketing.
DGA means Data Governance Australia, including its various brands and related entities.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.
Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.
Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.
Sensitive Information means:
• information or an opinion about an Individual’s:
• racial or ethnic origin; or• membership of a political association; or
• religious beliefs or affiliations; or• philosophical beliefs; or
• membership of a professional or trade association; or
• membership of a trade union; or
• sexual preferences or practices; or
• criminal record; that is also personal information; or
• Health Information about an individual; or
• Use means the handling of Personal Information within DGA.