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Page Last Updated:
Monday, 30 October 2006 |
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Home>Privacy Statement
| Purpose
This policy is part of the Library Service’s obligation to comply with the Victorian State Government Information Privacy Act 2000 and the Health Records Act 2001. These Acts provide a regime for the responsible collection and handling of personal information in the Victorian public sector.
Definitions
Sensitive Information means information or an opinion about an individual's:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record that is also personal information. Personal information is information or an opinion about an individual whose identity is apparent or can be reasonably ascertained.
Health information includes information about a person's physical, mental or psychological health or disability that is also personal information. This includes information or opinion about a person’s health status, medical history and fitness levels.
1. Collection of Information
WMRLC collects only personal information that is necessary for one or more of its functions as a public library. Personal information will only be collected in a fair and reasonable way.
Where WMRLC collects personal information it will take reasonable steps to ensure that individuals are aware of who we are and how to contact us, the purposes for which the information is being collected and the fact that the individual is able to gain access to that information. If WMRLC collects personal information about an individual from someone other than the individual it will make reasonable steps to ensure that the individual is aware of this.
When a person joins the library they are asked to show current identification and to complete a membership form. In the case of a minor, a person able and willing to sign as guarantor provides the information.
Job applicants are required to provide their contact details and records of job interviews are destroyed. Referee checks are carried out by phone on all potential employees and details of the discussion are destroyed once a decision is made on the applicant. The resume of the successful applicant is placed on their confidential personnel file.
Staff records contain medical certificates for the purposes of sick leave and details of periods of compassionate and annual leave. Only dates of the leave and number of hours are recorded and all leave records are available to be audited. Medical certificates are kept for 7 years in accordance with auditing requirements.
Details of study leave applications are kept on personnel files. Study leave is applied for and responded to by letter. These letters are kept on the staff member's personnel file.
A separate Work Cover file is maintained for staff who make a Work Cover claim. This file contains information regarding any injury that will impact on a staff member's ability to perform their work, how they will be physically restricted, any changes to work methods or hours, progress and expected outcomes and medical certificates which may explain the nature of the injury. All information on a workcover file is solely for the purpose of adjusting work duties to aid the staff member’s rehabilitation.
Staff personnel files contain the following: documentation relating to performance reviews, disciplinary procedures that the staff member has undergone, complimentary letters or commendations from customers or fellow staff members, authorisations for salary deductions to pay union or social club subscriptions, next of kin details in case of emergency, HECS or maintenance information for salary deductions. Personnel files are kept locked and access is restricted to those staff who administer the payroll or leave entitlements.
2. Use and Disclosure of Information
WMRLC will not use or disclose information about an individual to outside persons other than for the purpose of collecting that information unless:
• The individual has consented to its use or disclosure,
• The use or disclosure is required or authorised by law,
• WMRLC believes there is a serious and imminent threat to an individual’s or the public’s life, health or safety,
• WMRLC has reason to believe that unlawful activity has been, is being or may be engaged in,
• The Library Service does not make any information on Library members available to a commercial third party other than a debt collection agency recovering debts for WMRLC.
A member’s personal record may not be accessed by anyone other than Library staff, and then only for the purpose of carrying out Library transactions or activities.
If information is required to be provided by legislation or court order, a record of that disclosure will be kept. All communications from WMRLC will contain WMRLC’s postal address, telephone number, fax number and web address.
3. Data Quality
WMRLC will take reasonable steps to ensure any personal data it collects, uses or discloses is up to date, complete and correct. Members can update their details at any time by contacting their local branch. Employees can update their details by contacting finance and administration.
A library membership record includes name and address, telephone number(s), postal address where required, and date of birth and appropriate parent or guardian details in the case of child members. It also includes details of any library items that the member may have on loan, details of currently outstanding fines or lost/damaged book accounts, and details of any reservations.
Membership records are valid for three years. If any Library card is not used for a period of three years, then the membership automatically lapses. Inactive records are regularly purged on a quarterly basis. This does not occur if there are outstanding debts (overdue fines or items) listed on the record. Membership forms are destroyed once the member's information is placed on the computer database.
4. Data Security
WMRLC takes reasonable steps to protect personal information it holds from any misuse or loss, unauthorised access, modification or disclosure. WMRLC will take reasonable steps to destroy or de-identify personal information if it is no longer required. WMRLC computer systems are protected by various means to ensure that personal records are not made available to unauthorised persons.
WMRLC has policies and physical safeguards in place to ensure the security of information as well as backup and recovery systems to prevent the loss of information. WMRLC is regularly audited by an independent third party.
5. Openness
This privacy policy is available to anyone who requests a copy. Upon request WMRLC will make available to any person or organisation the sort of personal information we hold and the purpose of collecting, holding, using and disclosing that information.
6. Access and Correction
Where WMRLC holds personal information about an individual that individual will be able to access that personal information upon request, unless the request
• is frivolous or vexatious;
• would have unreasonable impact on the privacy of others;
• refusal is in accordance with appropriate laws or access is otherwise not required by the Act;
• The information relates to existing legal proceedings between WMRLC and the individual.
A library member is entitled to see their computer record at any time, on production of their library card or suitable identification. A parent or guardian is entitled to see the record of a minor for whom they have signed as guarantor.
WMRLC employs a debt collection agency and passes information on to that agency solely for the purpose of recovering debt. The Library requires the debt collection agency to comply with this policy. Outreach Service volunteers are provided with medical and personal information about their clients that is necessary for them to make selections and provide a service to that person.
In most circumstances, WMRLC expects that we would be able to provide members with the information requested or reasons for denial to access within 45 days of receipt of the request for access.
7. Unique Identifiers
The Library Service assigns unique barcode identifiers to each Library member for the purpose of conducting the business of the Library Service. WMRLC will not identify any individual by any Commonwealth government identifier such as a Medicare or Tax File Number. WMRLC collects bank account, superannuation and tax file information of employees for the purpose of payment of salary. Motor vehicle licence details are collected for the purpose of using the Corporation’s vehicles.
8. Anonymity
Where it is lawful and practicable, Members have the option of remaining anonymous when transacting with WMRLC.
9. Transborder Data Flows
WMRLC does not transfer any information about any individual to any foreign country or out of the State of Victoria. Debt collection agencies, under contract from WMRLC, may be required to pursue people beyond the State of Victoria but they will still be required to comply with this policy.
10. Sensitive Information
WMRLC does not collect sensitive information unless the individual concerned has consented to the collection or the collection is required or authorised by law. Information about a staff member's union affiliation is kept for the purposes of paying subscription fees such as a salary deduction.
11. Privacy Officer and Complaint Procedures
WMRLC has appointed a privacy officer who can be contacted at 03-9890 1005. All inquiries on this policy, requests for access, requests for correction and complaints must be referred to the Privacy Officer. Any individual who believes WMRLC has interfered with their privacy and who is not satisfied they have received an appropriate response from WMRLC may complain to the State Privacy Commissioner or the Health Services Commissioner.
12. Statistical Information
The Library does use some membership information for our own statistical purposes. This allows us to plan for improving or extending Library services, and to meet changes in demand for services. We do not identify individuals by name or address when compiling this statistical information.
13. Review
This policy is to be reviewed annually, or as required due to changes in the handling and storage of personal information by the Library Service.
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