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How the Commission collects and manages personal and health information

The Commission's commitment to privacy

The Victorian Equal Opportunity & Human Rights Commission is committed to protecting the privacy of your personal and health information. Section 192 of the Equal Opportunity Act 1995 requires the Commission to only use and disclose information about individuals it collects in the course of its work in connection with its functions, powers and duties.

The Commission also has obligations to deal with personal and health information in accordance with:

Personal information is recorded information about a living identifiable or easily identifiable individual (including work related information and images).

Sensitive information is information about a living person’s race or ethnicity, political opinions, religious or philosophical beliefs, sexual preferences or practices, criminal record, or membership details, such as trade union or professional, political or trade associations.

Health information is information able to be linked to a living or deceased person about a person’s physical, mental or psychological health.

This document explains:

What does the Victorian Equal Opportunity & Human Rights Commission do?

The Commission is an independent statutory body created by the Equal Opportunity Act 1995. The Commission has responsibilities in relation to the elimination of discrimination, sexual harassment and racial/religious vilification in Victoria, promoting equality of opportunity, as well as reporting and intervention functions under the Charter. It fulfils these responsibilities by:

What sort of personal and health information does the Commission collect and why?

The type of personal or health information the Commission collects depends on the nature of a person’s contact with the Commission.

Many people contact the Commission for information, advice, training or complaint services. The Commission collects personal and health information from people in order to provide an appropriate service to them.

Personal information is required to assist the Commission to investigate complaints under the Equal Opportunity Act 1995 and the Racial and Religious Tolerance Act 2001. This can include a person's contact details, and details about their job, co-workers, medical/health condition, interests and recreational activities, family, and other information about a person's personal circumstances relevant to their complaint.

Some people contacting the Commission may wish to remain anonymous. No identifying details will be collected by the Commission in these circumstances. In some cases, however, the Commission will be unable to provide assistance to a person without collecting some personal information. For example, some personal information will need to be collected before a complaint can be lodged with the Commission.

The Commission uses closed circuit television (CCTV) to monitor and record activity in the public areas of the Commission. This does not include party or interview rooms, bathrooms or training rooms. The purpose of the monitoring and recording is to help provide a safe and secure environment for visitors to the Commission and Commission staff, and to protect the Commission’s property.

When collecting personal or health information, the Commission will take reasonable steps to advise you of what information is being sought, for what purpose, whether any law requires the collection of the information and the main consequences, if any, of not providing the information.

What does the Commission do with personal and health information?

The Commission uses personal and health information for the purposes that it was provided.

The Commission also uses information gathered from complaints and enquiries for related secondary uses. For example, to help it identify equal opportunity issues that need further research and education, compile statistics, report publicly on its activities, and to help it find better ways to eliminate discrimination. This information will not disclosed by the Commission in a way that identifies an individual or organisation, unless the individual or organisation has provided their consent. Details of a complaint will be given to the person or organisation complained against, as required by section 107 of the Equal Opportunity Act 1995.The Commission must also pass on personal or health information contained in a complaint to the Victorian Civil and Administrative Tribunal, where a person has made a complaint to the Commission, and wishes to take his or her complaint further. Where this needs to happen, the Commission will inform the person making the complaint, and the person or organisation against whom the complaint is made. More information about the complaints process can be obtained from our website or by phoning the Commission’s enquiry line.

The Commission may retain contact details such as a postal or email address, in certain circumstances, such as where a person has:

Copies of recorded images from CCTV may be provided to police for the purposes of investigating an alleged offence. The Commission may also supply copies to third parties where required by law (for example, a court order) or to investigate a complaint made about the Commission.

The Commission has a separate website privacy statement that outlines how the Commission may collect, use and disclose information obtained from its website.

How does the Commission store and protect personal and health information?

The Commission uses a number of procedural, physical, software and hardware safeguards, together with access controls and back-up systems to protect information from misuse and loss, unauthorised access, modification and disclosure.

Generally, information is destroyed or permanently de-identified when it is no longer required. However, most information is required to be stored and archived in accordance with the Public Records Act 1973.

How can people access or correct their personal and health information held by the Commission?

If a person wants to access to their personal or health information or believes their personal or health information is inaccurate and would like it corrected, they can contact the Commission's FOI and Privacy Coordinator for information. The Commission will consider requests in accordance with the following laws:

Victorian Equal Opportunity & Human Rights Commission
Level 3/380 Lonsdale Street
Melbourne Victoria 3000
Ph: (03) 9281 7111
1800 13 4142 (toll free)
(03) 9281 7110 (TTY)
Fx: 03 9281 7171
www.humanrightscommission.vic.gov.au

How does the Commission handle complaints about privacy?

The Commission will attempt to resolve any privacy complaint in a fair and timely way.

Complaints can be made by phoning the Commission and asking to speak with a Privacy Coordinator, or by writing to the following address: Privacy Coordinator, Victorian Equal Opportunity & Human Rights Commission, 380 Lonsdale Street, Melbourne VIC 3000.

Any individual dissatisfied with the handling of their privacy complaint has the right to complain to Privacy Victoria if their complaint concerns personal information or to the Health Services Commissioner if their complaint concerns health information.

Expert bodies you can contact about your personal and health information

The following organisations have specific responsibilities for protecting health and information privacy in Victoria.

Privacy Victoria (personal information)
Telephone (03) 8619 8719
Toll free 1300 666 444
Fax (03)8619 8700
http://www.privacy.vic.gov.au

The Office of the Health Services Commissioner (health information)
Telephone (03) 8601 5222
Toll free 1800 136 066
Fax No: (03) 8601 5219
http://www.health.vic.gov.au/hsc/

Last updated December 2008. Version 3

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