1. The protection of personal information is important to Stormwater NSW Incorporated (‘SIANSW ‘). SIANSW is committed to respecting the right to privacy and the protection of personal information.
2. SIANSW’s privacy obligations are regulated by New South Wales legislation, including the Privacy and Personal Information Protection Act 1998 (NSW) (‘PPIP Act’) and the Health Records and Information Privacy Act 2002 (NSW) (‘HRIP Act’).
3. Personal Information is information or an opinion (including information or an opinion forming part of a database) from which it is possible to determine a person’s identity. Examples of personal information include a person’s name, postal address, telephone number, email address, date of birth, fingerprints, body samples or genetic information.
Collection of Information
When information is collected
5. Information will be collected by SIANSW about a person in a number of ways, including, but not limited to, when a person:
(a) Subscribes to any newsletter or publication produced by SIANSW;
(b) Subscribes to any SIANSW electronic publication or mailing list;
(c) Registers his or her interest to participate in the association;
(d) Registers, or is registered, as a member of the association;
(e) Participates in the association in any capacity (including as an official); and
(f) Voluntarily provides their details in order to receive information from SIANSW.
6. As well as collecting information directly from individuals, there may be occasions when SIANSW will collect information from third parties.
What information is collected?
7. SIANSW collect a range of information depending on the circumstances. Examples of the type of information which may be collected are set out below.
8. SIANSW requires the information to conduct the activities of the association and provide its services, manage its relationship with people and to communicate with people effectively.
9. The information collected by SIANSW about a particular person will vary depending on the circumstances of collection. It may include, but is not limited to:
(a) A person’s name;
(b) Email and/or postal address;
(c) Telephone number;
(d) Date of birth;
(e) Home country;
(f) Sporting organisation affiliations;
(h) Credit card details;
(i) Communication history with SIANSW;
(j) Transactional information in respect of the use of SIANSW services;
(k) Health information;
(l) Relevant qualifications;
(m) Automatically recorded computer information.
10. SIANSW will, before or as soon as possible after, collecting the information, take reasonable steps to ensure that the persons concerned are aware of:
(a) The fact that the information has been collected;
(b) The purpose for which the information is collected;
(c) The intended recipients of the information, including the organisations or types of organisations to which SIANSW usually discloses information of that kind;
(d) Whether the supply of information is required by law and any consequences if it is not provided;
(e) The existence of any right to access, or correct, the information and;
(f) SIANSW’s details.
11. SIANSW will take reasonable steps to ensure that the information collected is relevant to the purpose for which it was collected, accurate, complete and up to date and that it does not intrude unreasonably into the personal affairs of the person concerned.
Retention and Security of Personal Information
12. SIANSW stores information in different ways, including by paper and in electronic form. SIANSW will do everything reasonably within its power to ensure that information is kept securely. It will ensure that information is retained for no longer than is necessary for the purposes for which it was obtained.
13. Where it is necessary for a person’s information to be given to a third party in connection with any of SIANSW’s activities, SIANSW will do everything reasonably within its power to ensure the information is not used in an unauthorised fashion.
Using and Disclosing Personal Information
14. All personal information collected by SIANSW is only available to those authorised individuals who need to handle that information for the purpose for which it was collected.
15. In some circumstances, personal information may also be disclosed outside SIANSW and outside Australia. In such circumstances, SIANSW will use its best endeavours to ensure such parties kept the information confidential and do not use the information other than the purpose for which it is disclosed to them.
16. SIANSW may also disclose personal information:
(a) When required by law;
(b) To an enforcement body when reasonably necessary; or
(c) To lessen or prevent a threat to an individual or public health or safety.
17. A person whose data is collected by SIANSW will have the option to withdraw their consent to SIANSW’s use of this information by notifying SIANSW in writing.
18. SIANSW will not use information for a purpose other than that for which it is collected, unless:
(a) Consent has been provided by the individual concerned; or
(b) The alternate use of the information is for a purpose that is directly related to the purpose for which the information was collected; or
(c) SIANSW believes that alternate use of the information is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned.
19. SIANSW will not disclose information to third parties unless:
(a) The disclosure is directly related to the purpose for which the information was collected, and SIANSW has no reason to believe that the person concerned would object to the disclosure; or
(b) The individual concerned is aware, or reasonably likely to have been aware, that information of that particular kind is usually disclosed to that other person or body; or
(c) SIANSW believes that the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned.
Access and Correction
20. Access to an individual’s own personal information held by SIANSW is permitted, except as otherwise provided under law, and will be afforded by SIANSW without excessive delay or expense to the person concerned.
21. If an individual wishes to access information held by SIANSW, they should make a request in writing to SIANSW.
22. SIANSW will take all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
23. Personal information can be corrected, completed or updated by contacting SIANSW. In the interest of protecting the privacy of the individual concerned, SIANSW must properly identify the individual and as such, SIANSW may telephone the person or require current name and address and a form of identification (such as a driver’s licence or passport) before access to information is provided.
24. In some limited circumstances, SIANSW will allow a third party to access and correct information held about an individual. For example, this may occur when a person (Person A) allows a third party (Person B) to register them as an association Member. SIANSW will allow Person B (also being an association Member) to continue to have access to, and to update, the information provided about Person A. In these circumstances, Person A will be informed of any access and updates provided by Person B and can notify SIANSW if they withdraw their consent to this access.
25. SIANSW will assume, unless told otherwise, that any request for access to information relates to current records. This will include the personal information, which is held on database and files.
26. The HRIP Act defines ‘Health Information’. This definition includes, but is not limited to:
(a) Information or an opinion about the physical or mental health of a person, a health service provided to a person, or an individual’s express wishes about the future provision of health services to him or her;
(b) Information collected in providing a health service; and
(c) Information collected in connection with the donation of an individual’s body parts, organs or body substances.
27. SIANSW may collect and use health information from time to time to ensure that the association is operated safely and in accordance with the special health needs of individuals, and for insurance purposes. SIANSW will only collect health information that is relevant to the running of the association.
28. SIANSW will treat the health information it is provided with in accordance with the ‘Health Privacy Principles’ set out in Schedule 1 of the HRIP Act.
29. SIANSW may use health information to carry out research, to prepare submissions to government, or to plan events and activities, provided such health information has been aggregated or otherwise de-identified so that it cannot be used to identify any individual.
Resolving Privacy Issues and Complaints
30. Any issues or complaints in relation to the collection, use, disclosure, quality, security and access of personal information, may be made to SIANSW at the address below:
Stormwater NSW Incorporated
PO Box A398 Sydney South NSW 1235
31. Any person who does not want SIANSW use their personal information should put this request in writing and forward it to the SIANSW.
32. Further information on privacy in New South Wales generally can be found at www.lawlink.nsw.gov.au/privacynsw