Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2001-64
Status:
Archived

C2001-64 Privacy of Personal Information on Aboriginal Staff and Clients

Detailed Outline

The NSW Government is committed to ensuring the privacy rights of all people in their dealings with NSW Public Sector agencies. The right to privacy is a basic human right to which all Australians are entitled.

The collection and management of personal information on Aboriginal staff and clients, particularly of Aboriginality status, is important in measuring the effectiveness of programs and services. However, complaints to the NSW Privacy Commissioner indicate that the privacy rights of Aboriginal staff and clients of NSW public sector agencies, are not always being maintained. There are examples of agencies providing Aboriginal staff details to other agencies and organisations without the direct consent of staff members.

Collection and management of personal information must adhere to the following requirements outlined in the Privacy and Personal Information Act, 1998:

1. Personal information, including Aboriginality status information, can only be collected:

(i) For lawful purposes directly related to improving public sector outcomes to Aboriginal people;

(ii) From the person to whom the information relates, unless otherwise authorised;

(iii) Where an agency ensures a person can make an informed decision on providing the information. That is, where the agency informs the person what it is being collected, how the information will be used by the agency, who will have access to the information, whether the information is voluntary or mandatory and their right to access and correct the information. The person must also be made aware of the name and address of the collecting office and any other holding agency; and

(iv) Where reasonable steps are in place to ensure the accuracy and relevance of the information.

2. Personal information, including Aboriginality status information, must be managed:

(i) To ensure that for staff, the information is disposed of appropriately on ceasing employment with that agency and for clients the information is not kept longer than necessary and disposed of appropriately;

(ii) Using appropriate safeguards to limit access and to ensure ethical use by staff; and

(iii) To ensure people can exercise their rights to ready access to their information and to amend their information.

3. Personal information, including Aboriginality status information can only be disclosed, (except in statistical formats):

(i) For a purpose directly related to the purpose of its collection; and

(ii) Where the staff member or client has provided written consent.

 Would you ensure that personal information held by your agency on Aboriginal staff and clients is collected and managed according to the above considerations.

C. Gellatly
Director-General

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Nov 29, 2001
Review Date
Jun 13, 2024
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet