AfCAS is bound by the Australian Privacy Principles contained in the Commonwealth Privacy Act and is compliant with the Privacy Amendment (Enhancing Privacy Protection) Act 2012. [OPTION: In relation to health records, AfCAS is also bound by the Victorian Health Privacy Principles which are contained in the Health Records Act 2001].
What kind of personal information does AfCAS collect and how does AfCAS collect it?
The type of information AfCAS collects and holds includes (but is not limited to) personal information, including sensitive information, about:
Personal Information you provide:
AfCAS will generally collect personal information held about an individual by way of [OPTIONS: phone calls, forms, meetings etc]. You do have the right to seek to deal with us anonymously or using a pseudonym, but in almost every circumstance it will not be practicable for us to deal with you or provide any services to you except for the most general responses to general enquiries, unless you identify yourself.
Personal Information provided by other people:
In some circumstances AfCAS may be provided with personal information about an individual from a third party, for example [###].
In relation to employee records:
How will AfCAS use the personal information you provide?
AfCAS will use personal information it collects from you for the primary purpose of collection, and for such other secondary purposes that are related to the primary purpose of collection and reasonably expected, or to which you have consented.
In relation to direct marketing, AfCAS will use your personal information for direct marketing where you have provided that information, and you are likely to expect direct marketing: only then you will be sent direct marketing containing an opt out. If we use your personal information obtained from elsewhere we will still send you direct marketing information where you have consented and which will also contain an opt out. We will always obtain your consent to use sensitive information as the basis for any of our direct marketing.
We may use video surveillance for security purposes and the footage will be used only by AfCAS and by the providers of our security services for security purposes. Surveillance videos are not used by AfCAS for other purposes and the footage is not publicly available. Surveillance cameras are not located in any bathrooms or change room facilities.
Job applicants, staff members and contractors:
In relation to personal information of job applicants, staff members and contractors, AfCAS’s primary purpose of collection is to assess and (if successful) to engage the applicant, staff member or contractor, as the case may be.
The purposes for which AfCAS uses personal information of job applicants, staff members and contractors include:
for insurance purposes;
to satisfy the AfCAS’s legal obligations,
Where AfCAS receives unsolicited job applications these will usually be dealt with in accordance with the unsolicited personal information requirements of the Privacy Act.
AfCAS also obtains personal information about volunteers who assist AfCAS in its functions or conduct associated activities, such as to enable AfCAS and the volunteers to work together. [#]
Marketing and fundraising:
AfCAS treats marketing and seeking donations for the future growth and development of AfCAS as important. Personal information held by AfCAS may be disclosed to an organisation that assists in AfCAS’s fundraising, for example, AfCAS’s partnership organisations.
Who might AfCAS disclose personal information to?
AfCAS may disclose personal information, including sensitive information, held about an individual to:
people providing services to the AfCAS,
anyone you authorise the AfCAS to disclose information to.
Sending information overseas:
AfCAS will not send personal information about an individual outside Australia without:
obtaining the consent of the individual (in some cases this consent will be implied); or
otherwise complying with the Australian Privacy Principles or other applicable privacy legislation.
[We do/do not use overseas providers of IT services including servers and cloud services.]
If you send personal information overseas, even if only to a server, then you need to name the country to which the information is being sent.
How does AfCAS treat sensitive information?
In referring to ‘sensitive information’, AfCAS means:
“information relating to a person’s racial ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual orientation or criminal record, that is also personal information; and health information about an individual”.
Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless you agree otherwise, or the use or disclosure of the sensitive information is allowed by law.
Management and security of personal information
AfCAS’s staff are required to respect the confidentiality of personal information and the privacy of individuals.
AfCAS has in place steps to protect the personal information the AfCAS holds from misuse, loss, unauthorised access, modification, interference or disclosure by use of various methods including locked storage of paper records and passworded access rights to computerised records.
We have a data breach response plan, which we would follow in the unlikely event of a privacy or data breach.
Updating personal information
AfCAS endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. A person may seek to update their personal information held by AfCAS by contacting the Privacy Officer of AfCAS at any time.
The Australian Privacy Principles and the Health Privacy Principles require AfCAS not to store personal information longer than necessary. In particular, the Health Privacy Principles impose certain obligations about the length of time health records must be stored.
You have the right to check what personal information AfCAS holds about you.
Under the Commonwealth Privacy Act and the Health Records Act, an individual has the right to obtain access to any personal information which AfCAS holds about them and to advise AfCAS of any perceived inaccuracy. There are some exceptions to this right set out in the applicable legislation. To make a request to access any information AfCAS holds about you, please contact the Privacy Officer in writing.
AfCAS may require you to verify your identity and specify what information you require. Although no fee will be charged for accessing your personal information or making a correction, AfCAS may charge a fee to retrieve and copy any material. AfCAS If the information sought is extensive, AfCAS will advise the likely cost in advance.
How long will AfCAS keep my information?
Under our destruction and de-identification policies, your personal information that is no longer required will be de-identified or destroyed. In many circumstances, however it will be kept for marketing purposes, as you will have consented to that in writing with us.
Enquiries and privacy complaints
If you would like further information about the way AfCAS manages the personal information it holds, please contact the Privacy Officer. If you have any concerns, complaints or you think there has been a breach of privacy, then also please contact the Privacy Officer who will first deal with you usually over the phone. If we then have not dealt satisfactorily with your concerns we will meet with you to discuss further. If you are not satisfied with our response to your complaint within 30 days from this meeting then you can refer your complaint to the Office of the Australian Information Commissioner via:
· email: firstname.lastname@example.org
· tel: 1300 363 992
· fax: +61 2 9284 9666