Privacy for Strata Managers and & OCs / BCs

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Privacy for Strata Managers and & OCs / BCs

  1. 1. Privacy for Strata Managers & Owners Corporations / Bodies Corporate (Last updated 13 February 2012) © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  2. 2. How Long has the Privacy Act Applied to Strata? • Since 1988! • Because an OC discloses personal information for a benefit , service or advantage • What strata managers do as a contractor under Privacy laws binds the OC © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  3. 3. Dispelling Some Privacy Act Myths • Privacy relates to individuals – wrong, it’s about organisations and what they do with personal information • Privacy stops information flow – wrong, it just regulates how information is collected, used, disclosed and stored © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  4. 4. Personal Information Collected by Managers for OC’s & BC’s Names Tenancy details Owners credit card details Addresses Property descriptions and valuations Bank account details for suppliers Email addresses Telephone numbers Sometimes proof of personal identification © Copyright 2012 Teys Lawyers 2011 www.teyslawyers.com.au
  5. 5. What Do Strata Managers Do With This Owners Corporation Information? What? Allowed or not? Give it to strata inspectors and purchasers Required by strata management laws but in certificates must be given strictly in accordance with strata laws to be allowable under Privacy Act Give it to the executive committee and other owners Allowed under National Privacy Principles with a policy Give it to web hosting companies Allowed under National Privacy Principles with a policy Give it to strata management software providers Allowed under National Privacy Principles with a policy Give it to associated suppliers for cross marketing (e.g. banks ) Not allowed under National Privacy Principles without a policy and express or implied consent Throw it in the rubbish (paper and © Copyright 2011 redundant2012 Teys Lawyers IT) Not allowed under National Privacy www.teyslawyers.com.au Principles
  6. 6. NPP 1 - Collection • Information must be necessary • Collection must be fair and reasonable • Information about collection must be given as soon as practicable • Collection to be from the person concerned so far as possible © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  7. 7. NPP 2 – Use and disclosure • Must be used only for the primary purpose collected • Secondary purpose use permitted only with consent ( opt out ?) • Privacy Act does not override strata law obligations to provide information © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  8. 8. NPP 3 – Data Quality • Must take reasonable steps to make sure the information it collects uses or discloses is accurate , complete , and up to date © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  9. 9. NPP 4 – Data Security • Must take reasonable steps to protect Personal information form misuse and loss by unauthorized access , modification and disclosure © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  10. 10. NPP 5 - Openness • Must set out in a document clearly expressed polices on the management of personal information © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  11. 11. What Should Owners and their Managers Do to Manage Privacy? • Limit information collected to that which is absolutely necessary Limit © Copyright 2012 Teys Lawyers 2011 Protect • Secure info electronically and give traceable access only • Develop privacy policies and audit document security processes Check www.teyslawyers.com.au
  12. 12. How We Can Help You With Privacy • Privacy policies & website terms of use for strata management companies • Privacy policies for OC’s & BC’s • Standard motions for OC’s • Training for committees & managers • Compliance audits © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  13. 13. About The Presenter Michael Teys is the Founder and Principal Lawyer of TEYS Lawyers. He has a Bachelor of Laws and practices exclusively in the area of strata title law. He is a Fellow of the Australian College of Community Association Lawyers. He was formerly an Adjunct Lecturer with Charles Sturt University. He appears weekly on SKY News Business Channel's Property Success with Margaret Lomas and is a regular panellist for the property edition of Your Money, Your Call for the same channel. You can find out more about Michael at www.michaelteys.com and follow him on Twitter @MichaelTeys TEYS Lawyers practice nationally in strata title law representing owners corporations, bodies corporate and apartment owners. The firm’s practice groups include building defects, management rights, strata community disputes, by-laws and rules and levy and fee collection. Subscribe for their free e-newsletter StrataSpace and find out more about them at www.teyslawyers.com.au © Copyright 2012 Teys Lawyers 2011 www.teyslawyers.com.au

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