Applies to: Management Committee, Staff, Volunteers

Specific responsibility: Management Committee, Director and Staff

THIS POLICY RELATES TO

POLICY STATEMENT

PLS is committed to protecting and upholding the right to privacy of clients, staff, volunteers, Management Committee members and representatives of agencies it deals with. In particular, PLS is committed to protecting and upholding the rights of clients to privacy in the way information about them is collected, stored, used, accessed (and, if necessary, corrected) and in regard to their needs and the services provided to them.

PLS requires staff, volunteers and Management Committee members to be consistent and careful in the way they manage what is written and said about individuals and how they decide who can see or hear this information.

PLS is subject to the Privacy Act 1988 (Cth). PLS will follow the guidelines of the Australian Privacy Principles in its information management practices.

PLS will ensure that:

• it meets its legal and ethical obligations as an employer and service provider in relation to protecting the privacy of clients and organisational personnel;
• clients are provided with information about their rights regarding information and privacy, including how to make enquiries and complaints about privacy;
• clients and organisational personnel are provided with privacy when they are being interviewed or discussing matters of a personal or sensitive nature; and
• all staff, Management Committee members and volunteers understand what is required in meeting these obligations.

This policy conforms to the Privacy Act 1988 (Cth) and the Australian Privacy Principles which govern the collection, use, disclosure and storage of personal information.

This policy will apply to all records, whether hard copy or electronic, containing personal and sensitive information about individuals, and to interviews or discussions of a sensitive nature.

DEFINITIONS

Personal Information

Information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Sensitive Information

‘Sensitive information’ is defined in the Privacy Act 1988 (Cth) to mean information or an opinion about an individual’s:

• racial or ethnic origin;
• political opinions;
• membership of a political association;
• religious beliefs or affiliations;
• philosophical beliefs;
• membership of a professional or trade association;
• membership of a trade union;
• sexual preferences or practices; or
• criminal record.

PROCEDURES

Dealing with personal and sensitive information

In dealing with personal and sensitive information, PLS staff will:

• ensure privacy for clients, staff, volunteers or Management Committee members when they are being interviewed or discussing matters of a personal or sensitive nature;
• only collect and store personal information that is necessary for the functioning of the organisation and its activities;
• use fair and lawful ways to collect personal information;
• collect personal and sensitive information only by consent from an individual;
• ensure that people know what sort of personal and sensitive information is held, what purposes it is held for and how it is collected, used, disclosed and who will have access to it;
• ensure that personal information collected or disclosed is accurate, complete and up-to-date, and provide access to any individual to review information or correct wrong information about themselves;
• take reasonable steps to protect all personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure; and
• destroy personal and sensitive information after minimum legal requirements for retaining documents have expired.

Responsibilities for managing privacy

All staff are responsible for the management of personal information to which they have access and in the conduct of research, consultation or advocacy work.

The Director is responsible for content in PLS publications, communications and website and must ensure the following:

• appropriate written consent is obtained for the inclusion of any personal information about any individual including PLS personnel;
• information being provided by other agencies or external individuals conforms to privacy principles; and
• the website contains a Privacy Statement that makes clear the conditions of any collection of personal information from the public through their visit to the website.

The Director is responsible for safeguarding personal information relating to PLS staff, Management Committee members, volunteers, contractors and PLS members, and will handle client complaints about privacy.

Privacy information for clients

At intake, clients are informed why their information is being collected, how their privacy will be protected and their rights in relation to this information.

Privacy for interviews and personal discussions

To ensure privacy for clients or staff when discussing sensitive matters, the organisation will ensure meetings are held in private consultation spaces wherever possible. Where clients approach staff in areas other than private consultation spaces (for example during community legal education sessions that take place in open areas within the prison), staff must identify the lack of privacy and offer the client an opportunity to have a private consultation (to be arranged either in another area of the jail or by telephone).

Use of de-identified client information

Where PLS opens a file for a client, a file open letter must be sent to the client that contains the following statement:

PLS may use your story to lobby government, educate the public and for training, reporting and research purposes within PLS and other organisations. PLS will change names and other details so you and others involved cannot be identified. Unless you provide express instructions to the contrary, PLS will assume you consent to the use of this information for these purposes. Your consent is voluntary, and you can withdraw it at any time.

The supervising solicitor must verbally explain this statement to clients and record details on CLASS of whether they consent to the use of their personal, de-identified information for these purposes in the following circumstances:

• Where a client has an open file but they have literacy difficulties and may not understand the file open letter; or
• Where there is no open file (i.e. Legal Task) but PLS wishes to use the client’s de-identified information for the above purposes.

DOCUMENTATION

Documents related to this policy

Frequency of approving this policy

Justice Behind Bars