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INTRODUCTION

 

PURPOSE

This policy recognises the obligations of Cleveland 6 NHW (Pt Halloran Neighbourhood Watch Inc) (hereafter called The Watch), as a community, not-for-profit organisation utilising the voluntary efforts of members of the community, to protect the privacy of all individuals in their dealings with The Watch.

 

SCOPE

This policy applies to all Watch activities and to personal information on any individual interacting with The Watch in any capacity.

 

RESPONSIBILITY

It is the responsibility of every Watch office bearer, in the context of their particular work and responsibilities, to apply this policy when handling personal information on other people, regardless of whether those people be members of The Watch.

 

AVAILABILITY

This policy will be available on The Watch website http://www.nup.info/nhw/cnhwmain.htm  and copies available through the Secretary on request.

 

POLICY

 

NATIONAL PRIVACY PRINCIPLES

The Watch has adopted and will apply the National Privacy Principles contained in the Privacy Amendment (Private Sector) Act 2000, to govern the ways in which it collects, uses and disposes of personal information that comes into its possession.

 

PRIVACY OFFICER

Unless otherwise determined, the Secretary Cleveland 6 NHW will fulfil the functions of Privacy Officer.

 

COLLECTION

The Watch will only collect personal information that is needed for it to effectively satisfy its charter obligations. The Watch will always endeavour to obtain personal information direct from the individual concerned. When this is impracticable or not reasonable, it will collect personal information fairly and by lawful means and without being unreasonably intrusive.

 

In collecting personal information The Watch will take reasonable steps to ensure the individual knows:

• That The Watch is collecting the information

• Why the information is being collected

• Who will receive the information in normal circumstances

• How the individual can access the information held on them by The Watch

• What the consequences would be if the individual did not provide the information sought.

 

USE AND DISCLOSURE

The Watch will only use or disclose personal information for the purpose(s) originally explained when the information was collected and for any related purpose that would reasonably be expected by both the individual concerned and The Watch. For example, The Watch Might use the name, address and/or telephone number of a member for the purpose of the distribution of urgent information or the accessing of information.

 

If  The Watch uses personal information it holds for direct marketing of NHW related products or services, it will provide the individual the opportunity, at the point of first contact and at any time thereafter at the individual’s request, to decline receipt of any further marketing material.

 

Otherwise  The Watch will neither use nor disclose personal information without the person’s consent, unless:

 

• Required for health or other emergency reasons

• To investigate suspected fraud or unlawful activity

• It is required to do so by law

• It is required for law enforcement.

 

The Watch adopts a policy of never releasing personal information to firms for the purpose of direct marketing or any other purpose not directly related to the business of The Watch.

 

Personal information held on persons outside The Watch area (eg details of ownership of vessels moored in the anchorage) will be afforded the same levels of privacy and security as afforded members of The Watch.

 

DATA QUALITY

The Watch will take reasonable steps to ensure the personal information it uses is accurate, complete and current.

 

DATA SECURITY

The Watch will take reasonable steps to protect all personal information in its possession, to ensure integrity of the information and that it is accessed only by those people whom The Watch authorises to do so.

 

Personal information that is no longer needed by The Watch nor required to be held by law will be destroyed or modified so that the data cannot be traced back to the person concerned.

 

OPENNESS

The Watch will place this policy on its website and ensure public access is available on request.

 

ACCESS AND CORRECTION

A person wishing to view personal information held on them by The Watch may apply in writing to:

The Secretary,

Cleveland 6 NHW

1 Toondah Ct,

Victoria Point  Qld  4165

The Watch will take reasonable steps to confirm the identity of the person making the request and will respond within 14 days

of receipt of the request. However, where the request is more complex or time consuming to comply with, The Watch will provide access to the information requested within 28 days.

 

The Watch reserves the right to deny access to personal information if providing access:

• Could cause a possible threat to life or health;

• Could cause an unreasonable impact on the privacy of others;

• Would be in response to a frivolous or vexatious request;

• Relates to existing or anticipated legal proceedings that could be prejudiced as a result;

• Relates to existing or anticipated commercial negotiations involving The Watch and The Watch’s legitimate interests could be prejudiced as a result;

• Is in any way unlawful;

• Could in any way prejudice law enforcement or security; and

• Could prejudice the prevention, detection or investigation of seriously improper conduct, either within or external to The Watch’s operations.

Should giving access to personal information involve revealing evaluative information generated within The Watch in connection with an operationally sensitive decision making process, The Watch reserves the right to give the applicant an explanation for the decision rather than direct access to the relevant information.

 

Where there is disagreement about direct access or where direct access to personal information is impractical or inappropriate, The Watch will discuss the possible use of a mutually acceptable intermediary.

 

If an individual advises The Watch that personal information held on them is inaccurate, incomplete or not current, The Watch will take reasonable steps to update the information accordingly. Should there be a disagreement between The Watch and the individual about whether the personal information is complete or current, and the individual so requests, The Watch will take reasonable steps to associate a statement from the individual that the information is not correct with the relevant records held by The Watch.

 

The Watch reserves the right to recover from the applicant any costs associated with accessing and the rectification of personal information, unless The Watch is at fault. There will be no charge for the act of making a request for access.

 

The Watch will always provide reason(s) should it deny access to or correction of personal information it holds.

 

IDENTIFIERS

The Watch will not use an identifier assigned to an individual by a Government Agency as its own identifier; nor will it provide such an identifier to a third party without the individual’s consent, unless:

• Disclosure is necessary for The Watch to fulfil its obligations to the Agency;

• It is required for health or other emergent reasons;

• It is required to investigate fraud or unlawful activity;

• It is required or authorised by law; and

• It is required for law enforcement.

ANONYMITY

Where lawful and practical, The Watch will give individuals the option of not identifying themselves when dealing with The Watch.

 

TRANSBORDER DATA FLOWS

The watch will not transfer personal information outside Australia without the consent of the individual unless:

• The Watch reasonably agrees that the recipient of the information is subject to a law, a binding scheme or a contract providing substantially similar protection of personal information as provided for under Australia’s National Privacy Principles;

• The transfer is necessary for the performance of a contract between The Watch and the individual, or for the implementation of pre-contractual measures taken in response to the individual’s request;

• The transfer is necessary for the performance or conclusion of a contract between The Watch and a third party that is in the interests of the individual concerned;

• The transfer is for the benefit of the individual; it is impractical to obtain the individual’s consent and, if it was, the individual would be likely to give it; and

• The Watch has taken reasonable steps to satisfy itself that the recipient of the information will manage the information consistent with this policy.

SENSITIVE INFORMATION

The Watch will not, without the consent of the individual, collect information concerning the individual’s racial or ethnic origins, political opinions, membership of a political, professional or trade association or trade union, philosophical or religious beliefs or affiliations, sexual preferences or practices or health information unless:

• It is required by law;

• It will prevent or lessen life or health threatening situations and it is not possible or practical to gain the individual’s consent; and

• The collection is necessary in relation to a legal or equitable claim.

The Watch will also collect health information where it is necessary to provide a health or safety related security/monitoring service to the individual. In doing so, The Watch will take account of any relevant legal requirements and/or rules established by competent health or medical bodies that deal with organisations or professional confidentiality which bind the organisation.

 

COMPLAINTS

People wishing to complain about any aspect of The Watch’s management of personal information may write to the Secretary, setting out full details of their complaint. To help The Watch complete a quick and effective investigation, the complaint document should include as much detail as the complainant has available.

 

The Secretary will maintain a record of all complaints received, including:

• The name and contact details of the complainant;

• The date the complaint was received;

• The nature of the complaint and the area of The Watch it involved;

• Details of the person (s) investigating the complaint;

• The outcome of the investigations; and

• The dates and details of all contacts made with the complainant.

This record will be held in a secure manner by the Secretary and will only be accessible to senior executives of The Watch and, if so required or authorised by law, to assist with any investigations carried out by the office of the Federal Privacy Commissioner.

 

The Secretary will also be responsible for investigating privacy complaints.

 

All complaints will be acknowledged within seven days and a full response within 28 days. Where it is not possible to complete the investigation of a complaint within 28 days, the complainant will be contacted once 28 days have elapsed with an estimate of when the investigation will be completed.

 

President

Cleveland 6 NHW

Date  23-03-02

 

ACKNOWLEDGEMENT

Cleveland 6 NHW (Point Halloran Neighbourhood Watch Inc) thanks Chubb Training Services, 41 Pentex Street, Salisbury Qld 4107 for permitting the use of material obtained at a Training Seminar presented by the said Services.

 

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This page was created on 24 May 2002.

 

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