The Privacy Act 1988 provides extensive regulations about the collection, storage and use of information relating to individuals. It also contains some specific exemptions for organizations that have a need to collect, store and use information about individuals, one of which is to exempt the “acts and practices of employers in relation to employee records’.
To be exempt, an act or practice relating to the employee record must be directly related to the employment relationship. This means that acts or practices of an employer that are outside the scope of the employment relationship are not exempt. For example, Legend Corporation could not sell details of employees to another organization.
The act or practice must also be directly related to a current or former employment relationship. This does not cover future employment relationships. This means that personal information collected from prospective employees who are subsequently not employed, such as unsuccessful job applicants, will not be covered by the employee records exemption.
Once an employment relationship is formed with an individual, the records Legend Corporation holds relating to that individual’s pre-employment checks then become exempt.
Legend Corporation is also covered by the 10 National Privacy Principles, as set out in the legislation, which cover all aspects of dealing with personal and sensitive information, not only those relating to employees.
• Personal information means information relating to an individual, including an opinion, which may be provided to Legend Corporation either in material form or not, and whether true or not. Such information may personally identify an individual or make the person’s identity reasonably apparent.
• Sensitive information means information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious belief, philosophical beliefs, membership of professional or trade association, membership of a trade union, sexual practices, criminal record or health information.
Legend Corporation takes its obligations under the Privacy Act 1988 seriously, and as such, will take all reasonable steps to comply with the Act and protect the privacy of personal information that it holds.
Collection and Use of Information
Legend Corporation may require the collection of personal information from individuals for the purpose of providing the required products and acceptable level of service, protecting against fraud or crime, as required by relevant laws, regulations and codes. The reasons for the collection of personal information include, but are not limited to, taxation, legal requirements, credit card payment authorizations, credit reporting, debtor insurance and market research.
Legend Corporation may collect and hold personal information, such as, but not limited to, names of employees and proprietors of organizations, addresses, telephone numbers, facsimile numbers, email addresses, titles and professional affiliations. These details are collected for the purpose of providing Legend Corporations services to customers and clients, and the selling and marketing of its products and extended range of services. Legend Corporation may also use such information to apply customer or member satisfaction surveys and events, such as loyalty programs. Legend Corporation will not disclose this information to any other organization, nor will it send any information overseas for any purpose whatsoever.
In the event that sensitive information is collected by Legend Corporation, it will not be used for any purpose without the express permission of the individual. The collection, use and disclosure of information will be in accordance with Legend Corporations collection statement.
Storage, Access and Retention of Personal Information
All personal information collected by Legend Corporation will be retained as part of a database, which will be securely monitored and maintained by Legend Corporation. The data will not be made available to a third party, unless it is legally required and verified, without the authority of the individual who provide the personal information.
Legend Corporation will make available for inspection all personal information, based on the information supplied by the individual that it holds in relation to an individual, provided reasonable notice is given. In the event that any part of the personal information that the individual inspects is determined to be incorrect and requires alteration, then Legend Corporation will make such alteration in compliance with the corrected advice provided by the individual.
Legend Corporation will take all reasonable steps to protect the security of the personal information that it holds. This includes appropriate measures to protect electronic materials and materials stored and generated in hard copy.
Where information held by Legend Corporation is no longer required to be held. And the retention is not required by law then, Legend Corporation will destroy such personal information by secure means.
If an individual has any concerns regarding the privacy of personal information, then the individual may make a complaint to the Human Resources Manager, who will then endeavor to resolve the complaint.
Sources of Information
Where possible, Legend Corporation will collect the information directly from individuals, customers and clients. In some instances, Legend Corporation may collect personal information from press reports or published mediums and, in this case, it will endeavour to verify such details with person concerned.
Legend Corporation acknowledges that there is no obligation for an individual to provide personal information. However, if an individual chooses not to provide Legend Corporation with personal details, it may not be able to provide the individual with a full range of services or may reduce the ability of directly servicing the individual’s organization.
Purpose of the Collection
Legend Corporation may require the collection of personal information to satisfy the needs of the organization. The reasons for the collection of the personal information include, but are not limited to taxation, legal requirements, credit card payment authorizations, credit reporting, debtor insurance and market research.
The personal information may be required for the purpose of:
• Giving the information which a member or customer is entitled to
• Supplying to, and administering, the products and services the member or customer requires.
Legend Corporation may also collect the information for the provision of marketing, unless a specific request in writing is provided, detailing what is not required.
Legend Corporation may need to give personal information to other organizations to comply with its legal obligations, such as auditors, legal advisers and the Australian Taxation Office (or any other relevant organizations).
Disclosure to an Organization
Legend Corporation may disclose personal information, for the purpose set out above, to any of its subsidiaries, branches, divisions, or legally related companies, agents, dealers or contractors.
Legend Corporation acknowledges that there is no obligation for an individual to provide it with personal information, however, if an individual chooses not to provide Legend Corporation with personal details, it may not be able to provide the individual with a full range of services or may reduce the ability of directly servicing the individual’s organization.
Access Rights and Contact Details
The Privacy Act 1988 provides the right to access personal information held by Legend Corporation. If the information is inaccurate, a request can be made to correct it.
Legend Corporation reserves the right to charge a nominal fee if required for the retrieval of information requested.