3. Learning Objectives
Today you will learn about Victorian
privacy requirements
This session will better equip you to
understand:
•collection, use & disclosure,
management and access to personal
information;
•Perform your job functions in a manner
consistent with privacy requirements; &
•where to go for privacy and records
management related help.
“Privacy Matters”
5. Module 1 Privacy legislation
Information Privacy Act State government agencies,
(Vic) 2000 local councils, Ministers &
Statutory agencies.
Health Records Act (Vic) 2001 Health information in Victorian
public and private sectors,
hospitals, doctors & employers.
“Privacy Matters”
6. Module 1 Privacy – Key definitions
Personal information Recorded information about a living
identifiable or easily identifiable
individual.
Health information Information able to be linked to a living or
deceased person about a person’s physical,
mental or psychological health.
Sensitive information Includes information about a person’s race
or ethnicity and criminal record.
Is a photo personal information? Are details of a person’s position and salary
recorded on their personnel file? Small Group activity
“Privacy Matters”
7. Module 1 Relationship to other laws
Privacy laws What they say Examples
Information If there is, any inconsistency • Section 30 of the
Privacy Act between the Information Corrections Act 1991.
(section 6). Privacy Act and a provision in
another Act, the other Act’s • Section 141 of the Fair
provision prevails to the Trading Act 1999.
extent of the inconsistency.
Are you familiar with what your primary legislation states you
can do with personal information? Pair Activity
“Privacy Matters”
8. Module 1 Court Services
Courts & Tribunals are partially
exempted from privacy laws in
exercising their judicial or quasi-
judicial functions.
Are human resources functions covered?
What about filming inside a court room?
Would a court-issued subpoena be a judicial function?
“Privacy Matters”
9. Module 1 Law enforcement exemption
Who is covered? How does it work? Examples
If there is a reasonable
Corrections (Prisons, belief that non-compliance Police checks of the
CCS & CORE); CAV; is necessary for law Register of Births and
RAJAC; enforcement purposes; Deaths for name changes.
Business Licensing then exempt from
In emergency situations,
Agency; & main collection, use, locating next of kin.
Enforcement disclosure and transfer
Management. obligations, but still must Inspectors investigating
comply with some motor car traders.
requirements.
“Privacy Matters”
11. Module 1 Law enforcement agencies
IPP8 IPP1.1 & IPP2.2 IPP3 IPP4 IPP5
1.2
If lawful Collect Record uses Be Be Have
and personal & disclosures accurate secure privacy
practicable information between law policies &
offer responsibly enforcement processes
anonymity agencies
“Privacy Matters”
12. Module 2 other functions?
• For all other non-judicial and non-law
enforcement functions employees must
comply with the 10 information privacy
principles (IPPs)
• The IPPs are connected and guide how
personal information should be handled:
• Collection (IPPs 8, 1, and 10);
• Use and Disclosure (IPPs 2 and 9);
• Management of personal information
(IPPs 3,4, 5, & 7); and
• Access and Correction (IPP6 and FOI)
“Privacy Matters”
13. Module 2 Collection
Collection (IPPs 8, 1, and 10)
Preserve anonymity if you can. Collect only what you need.
Do it lawfully, fairly, directly and not unreasonably intrusively.
Tell people you are doing it and why. Be extra careful with
sensitive information.
Scenario
Photos are taken at the end of year staff party. The
photos are added to a bank of stored images used for
promotional purposes in newsletters and the website.
Are there any collection issues?
“Privacy Matters”
14. Module 2 Tips for compliance
• When drafting or handling forms
check for a privacy statement.
Think of a statement as a food label.
• Be able to justify why you need
personal information if asked.
• Do not over collect personal
information.
• Be mindful, if investigating crimes, to
act within the law and collect fairly.
“Privacy Matters”
15. Module 2 Use and Disclosure
Think of a traffic light when
disclosing personal information.
you must you may you can’t
Disclosure is You have choice No choice
mandatory
“Privacy Matters”
16. Module 2 You may disclose under IPP2
Under IPP2 you may disclose: to law enforcement agencies for the
purpose of prevention, detection,
• with consent. investigation, prosecution or
punishment of criminal offences or
breaches of a law.
• if information is from a publicly
available source.
where the information is reasonably
• information for statistical or research believed to be necessary to lessen or
purposes; no identifiers. prevent a serious threat to public
health / safety / welfare.
• investigation of unlawful activity.
• other reasons in IPP2.
“Privacy Matters”
18. Module 3 Management & Access
Access and Correction
(IPP6 & FOI Act)
People have a right to access & correct
personal information. Assume people will
see what you write. If involved in
discovering documents respond promptly.
Management
(IPPs 3, 4, 5 & 7)
Keep personal information accurate &
secure. Follow Departmental policies.
“Privacy Matters”
21. Where to go for help?
• Privacy, Records Management & Freedom of Information
materials are on J-NET>Our Business>Knowledge Management
• Each of the Dept’s business units has a Privacy Coordinator
– CAV - Maria Maikousis 8684 6401
– Court Services - Susan Brent 9603 9456
– Corrections Victoria - Lina Marrocco & Joanna Richardson
8684 6576/6572
– Enforcement Management - Rodney McInness 9603 9453
– Indigenous Issues - Pauline Liew 9651 7472
• Brent Carey, Senior Privacy Adviser can be contacted on
8684 0071 or by e-mail privacy@justice.vic.gov.au
• EDRMS (records) helpdesk 8684 0555; the FOI unit 8684 0063
• Privacy Victoria www.privacy.vic.gov.au
“Privacy Matters”
