Latrobe City Council Information Privacy Policy

Introduction

The Information Privacy Policy has been prepared for Council staff/contractors and members of public who may request this document.  This document forms part of Latrobe City's compliance to Information Privacy.

Council reserves the right to amend its Information Privacy Policy for any reason and will ensure an updated version of this statement is posted on the website.  

Compliance Purpose

This Council complies with the Victorian Government Information Privacy Act 2000.

The main purposes of the Act are:

·               To establish a regime for the responsible collection, storage, handling and disclosure of personal information;  

·               To provide individuals with rights of access to information about themselves which is held by Council;

·               To provide individuals with the right to request Council to correct, amend and transfer information about them held, including information held by contracted service providers.

Council will conform with the privacy principles contained in the Act, listed as follows: 

·                 Principle 1 - Collection

·                 Principle 2 - Use and Disclosure

·                 Principle 3 - Data Quality

·                 Principle 4 – Data Security

·                 Principle 5 - Openness

·                 Principle 6 - Access and Correction

·                 Principle 7 - Unique Identifiers

·                 Principle 8 - Anonymity

·                 Principle 9 - Trans-border Data Flows

·                 Principle 10 - Sensitive Information

PRINCIPLE 1 - Collection

Council will only collect personal information:

·              that is necessary for the performance of functions or activities.

·              for a pre-determined purpose.

·              by lawful, fair and not unreasonably intrusive means.

·              direct from the individual themself, where reasonable and practicable.

Under normal circumstances Council will collect personal information about an individual only from that individual.  However, if Council collects personal information about an individual from someone else, Council will take all reasonable steps to ensure that individual is informed of his or her rights relating to the information collected.  The exception is when making the individual aware of the matters would pose as serious threat to the life or health of an individual.  Council provides a wide range of services to the community within a broad legislative environment.  Council holds personal information for the purposes of enabling subsequent contact, ascertaining correct property ownership within Council’s boundaries and allocating rate liability and further, undertaking specific client functions within various service environments.

PRINCIPLE 2 - Use and Disclosure

Council will only use and disclose personal information:

·                     for the primary purpose for which it was collected.

·                     for a related purpose a person would reasonably expect.

·                     to lessen or prevent a serious and imminent threat to an individual’s life, health, safety or welfare. 

·                     to lessen or prevent a serious threat to public health, public safety and public welfare.

·                     with consent.

PRINCIPLE 3 - Data Quality

Council will take reasonable steps to ensure:

·              Personal information is accurate, complete and up to date.

PRINCIPLE 4 - Data Security & Data Retention

Council will take reasonable steps:

·              to protect personal information from misuse, loss, unauthorised access, modification or disclosure. 

·              to destroy or permanently de-identify if no longer required.  Destruction should be in accordance with disposal schedules of the Public Records Act 1973.

PRINCIPLE 5 - Openness

Council will:

·              have a clear expressed policy on management of personal information which is readily available on the Internet, www.latrobe.vic.gov.au.  By request the policy will be made available at Service Centres at Headquarters, Moe and Traralgon.

·              inform generally what sort of personal information it holds on behalf of an individual, for what purposes and how it collects, holds, uses and discloses that information when requested by an individua.

·              review its policy to reflect current practice. 

Council’s Privacy Officer is the Manager of Governance.

PRINCIPLE 6 - Access and Correction

Council will provide access to personal information on request by an individual except in specified circumstances.  Council will make the information available within 45 days of receiving the request.

Council will take reasonable steps to correct information so that it is accurate, complete and current.

PRINCIPLE 7 - Unique Identifiers

A “unique identifier” is a reference assigned by Council to an individual to identify that individual for the purposes of the operations of the Council (but does not consist only of the individual’s name).

Council will not:

·              Assign unique identifiers unless necessary to carry out the Council’s functions efficiently.

·              Adopt a unique identifier that has been assigned by another organisation unless necessary to carry out the Council’s functions efficiently, or with the consent of the individual or it is under an outsourcing arrangement.

·              Use or disclose a unique identifier by another organisation unless necessary to fulfil the Council’s obligations to that other organisation or with the consent of the individual.

·              Require an individual to provide a unique identifier in order to obtain a service unless required or authorised by law or in connection with the purpose for which the unique identifier was assigned.

Council will attempt to limit the assignment, adoption and sharing of unique identifiers. 

PRINCIPLE 8 - Anonymity

Wherever lawful and practicable individuals must have the option of not identifying themselves in transactions with Council.

PRINCIPLE 9 - Transborder Data Flows

Personal information can only be transferred outside Victoria or overseas if consent is provided or the following Special Conditions are met:

·              The recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Information Privacy Principles.

·              The transfer is necessary for the performance of a Contract between an individual and Council for the implementation of pre-contractual measures taken in response to the individual’s request.

·              The transfer is necessary for the conclusion or performance of a Contract concluded in the interest of the individual between Council and a third party.

·              The transfer is for the benefit of the individual.

·              It is impracticable to obtain the consent of the individual to the transfer.

·              Council will take reasonable steps to ensure that the information which will be transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Information Privacy Principles.

PRINCIPLE 10 - Sensitive Information

Council will not collect sensitive information about an individual unless:

·              the individual has consented.

·              collection is required under law.

·              collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual when the individual whom the information concerns is physically or legally incapable of giving consent to the collection or physically cannot communicate consent to the collection.

·              collection is necessary for research relevant to government funded targeted welfare or education services in accordance with other specified circumstances.

·              the collection is necessary for the establishment exercise or defence of a legal or equitable claim.

·              there is no reasonably practicable alternative to collecting the information for that purpose.

·              it is impracticable for Council to seek individual’s consent to the collection.

Enquiries and Complaints Handling 

Latrobe City Council Governance Manager

Council encourages individuals to send written complaints direct to Council about a breach, or perceived breach, of privacy.

Privacy Officer
Latrobe City Council
PO Box 264
Morwell 3840 

Telephone 1300 367 700
Facsimile (03) 5128 5672
Email latrobe@latrobe.vic.gov.au

Access to personal files can be made under Freedom of Information (FOI) 

Freedom of Information Officer
Latrobe City Council
PO Box 264
Morwell 3840 

Telephone 1300 367 700
Facsimile (03) 5128 5672
Email latrobe@latrobe.vic.gov.au  

Complaint Handling under Information Privacy

Victorian Privacy Commissioners Office

An individual can forward a complaint to the Privacy Commissioners Office in regards to an act or practice in Council that the person claims is an interference with his or her Privacy, and is a breach of one or more of the Privacy Principles outlined in this document.  The Commissioner can decline a complaint as listed in section 29 of the Information Privacy Act.  Some of the grounds include:

·               The complaint has not been brought to the attention of Latrobe City prior to the complaint being forwarded to the Commissioner’s Office.

·               If the complaint has been brought to the attention of Latrobe City, but insufficient time has been given for Council to respond.

·               A complaint has already been made under anther Act and has been dealt with.

·               The complaint is flippant and is lacking substance.

·               The complaint was not made within 45 days of the person being aware of the Privacy breach.

The Commission has 90 days to decide the outcome of the complaint.  If the complaint is declined the person may within 60 days take the matter to the Victorian Civil and Administrative Tribunal (VCAT)

The Commissioner will encourage practical solutions together with Latrobe City and the person to resolve the matter.  If reconciliation can not be met with both parties, the person can have the complaint referred to the Victorian Civil and Administrative Tribunal (VCAT) within 60 days.

If the breach is proven VCAT can 

·           Order that Council cease repeating or continuing the breach

·           Order that Council review the loss or damage suffered by the person

·           Order that Council pay compensation

Office of the Victorian Privacy Commissioner
GPO Box 5057
Melbourne 3001

Telephone Local Call 1300 666 444
Telephone (03) 8619 8719
Facsimile (03) 8619 8700
E-mail enquiries@privacy.vic.gov.au