Privacy Policy Contents

Transcription

1 Privacy Policy Contents Introduction... 2 How and Why the Department Collects Personal Information... 2 Types of Personal Information... 3 Storage of Personal Information... 3 Use and Disclosure of Personal Information under the Privacy Act... 3 Use and Disclosure of Personal Information Under Portfolio Legislation... 5 Disclosure of Personal Information to Overseas Recipients... 5 Access to Personal Information... 5 Amendment of Personal Information... 6 Making a Complaint... 6 Further Information

2 Introduction 1. The Department of Veterans Affairs (the Department) is subject to the Privacy Act 1988 (the Privacy Act) which provides protection for individuals against the mishandling of personal information by Australian government agencies and certain private sector organisations. 2. Personal information under this Policy has the same meaning as in section 6 of the Privacy Act. It is defined as any information that can identify a living person or could reasonably identify them. Examples of personal information include names, addresses, banking details, tax file numbers, medical records and photographs. How and Why the Department Collects Personal Information 3. It is necessary for the Department to collect and store personal information in order to deliver certain services and programs. The Department mostly collects personal information directly from the individual concerned and only collects personal information for the purpose of fulfilling the functions of the Department. 4. The Department may also collect personal information from other government agencies, such as the Department of Defence to obtain service history information to administer claims. 5. The types of personal information collected and held by the Department may include: names, date of birth, occupation, marital status, residential details, details of dependants, date of death; pension, medical, clinical, advocacy, personal case, social work and rehabilitation files; financial information, including income and asset details; service history. 6. The Privacy Act permits the Department to collect sensitive personal information with the consent of the individual to whom the information relates and where the information is reasonably necessary or directly related to the Department s functions. 7. Sensitive information under the Privacy Act is defined as information or opinion about an individual s racial or ethnic origin, political opinions, membership of political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or union, sexual preferences or practices, criminal record, health information or genetic information. 8. The sensitive information collected by the Department relates mostly to: health or medical information, including mental health and disabilities; and racial or ethnic origin of an individual, for example for inclusion in the indigenous veteran database. 9. In certain circumstances, personal information may be collected by contractors (or subcontractors) who provide services on behalf of the Department, such as contracted health providers. Similarly, personal information may be collected by contractors who provide services to the Department, such as contracted Information and Communications Technology (ICT) providers. Records collected 2

3 or created by contractors under departmental contracts are owned by the Department. Also, obligations under the Privacy Act regarding the collection of personal information are extended to contractors under the departmental contracts. 10. In limited circumstances, the Department is authorised to collect Tax File Numbers (TFNs) for administering certain payments. There is no obligation to provide your TFN. However, some payments, such as pensions and allowances, cannot be made without the provision of a TFN. The Department s handling of TFNs is governed by the Tax File Number Guidelines 2011, which can be accessed at: Types of Personal Information 11. As of 31 July 2013, the Department holds 128 classes of personal information and 1 class of personnel records. See Attachment A for a list of the Department s personal information holdings, as contained in the 2013 Personal Information Digest. Storage of Personal Information 12. The Department stores all personal information securely and restricts access to employees, contractors and service providers who require access to the personal information to perform their duties or assist the individual concerned. All employees, contractors and service providers must handle personal information in accordance with the Privacy Act. In addition, all staff with access to personal information are bound by the Australian Public Service Code of Conduct. 13. The Department will store personal information in a variety of formats, including on computer and paper media. The Department takes all necessary steps to ensure that information is protected from misuse, interference, loss, unauthorised access, modification and disclosure. 14. The Department may contact individuals to determine whether personal information collected should be retained. If the Department no longer requires the personal information, the Department will take reasonable steps to destroy or de-identify the personal information, unless the information is contained within a Commonwealth record. If the information is contained within a Commonwealth record, the record can only be destroyed or altered in accordance with the Archives Act Obligations under the Privacy Act regarding the storage of personal information are extended to contractors under the departmental contracts. Use and Disclosure of Personal Information under the Privacy Act 16. The Department generally uses collected personal information for the primary purpose for which is was collected. These primary purposes include: payment of pensions and compensation; facilitating and funding health care; facilitating and funding rehabilitation services; facilitating and funding home care assistance; 3

4 subsidising loans for housing and housing-related benefits; funding research; running specific grants programs; and delivering commemorative programs and war graves. 17. When it collects personal information about an individual, the Department is required to take reasonable steps to notify the individual of certain matters, including the purposes of collection and other entities (such as government agencies), bodies or persons to which the information is usually disclosed. The Department publishes privacy notices on its website which contain details regarding the purposes for which DVA collects personal information, the usual parties to which DVA may disclose this information and more. These notices may be accessed at: The Department s usual disclosures are made, with the consent of the individual concerned, to the following government agencies: the Department of Human Services to ensure an individual is not in receipt of a Centrelink pension; the Department of Human Services to allow Medicare Australia to verify health claims and process payment for treatment services; and the Department of Health for income testing in relation to aged care services. 19. In certain circumstances, the Department may use or disclose information in its possession for a different purpose (the secondary purpose), such as where the individual has consented or would reasonably expect the Department to use or disclose the information for a secondary purpose, and the secondary purpose is: related to the primary purpose for which the information was collected (or in the case of sensitive information, directly related to the primary purpose); or required or authorised under Australian law or has been ordered by a court or tribunal; or reasonably necessary for enforcement related activities. 20. When it is unreasonable or impractical to obtain the individual s consent, the Department may use or disclose personal information in permitted general situations. The use or disclosure must be reasonably necessary to: lessen or prevent a serious threat to the life, health or safety of any individual, or public health or safety; take appropriate action in relation to a reasonable suspicion of unlawful activity or serious misconduct that relates to the Department s functions or activities; or assist in locating a person who has been reported missing. 4

5 21. Obligations under the Privacy Act regarding the use and disclosure of personal information are extended to contractors under the departmental contracts. Use and Disclosure of Personal Information Under Portfolio Legislation 22. Under the Department s portfolio legislation, personal information may be disclosed to other government agencies for certain purposes. For example: under section 130 of the Veterans Entitlements Act 1986 (VEA), the Secretary of the Department may provide personal information to the Secretary of another Department or head of a Commonwealth authority; under section 409 of Military Rehabilitation and Compensation Act 2004 (MRCA) and section 143 of Safety, Rehabilitation and Compensation Act 1988 (SRCA), the Military Rehabilitation and Compensation Commission (MRCC) may provide personal information to the Department of Defence or service chief; and section 71 of SRCA may also require the Department to disclose information to Comcare. Disclosure of Personal Information to Overseas Recipients 23. In limited circumstances, the Department may disclose personal information to overseas recipients. This may include where a departmental client seeks medical treatment overseas. In such circumstances, personal information, such as medical history and treatment history, may be disclosed to health professionals and hospitals overseas. Where this occurs and where practicable, the individual to whom the information relates will be informed. Access to Personal Information 24. Individuals have a right under the Privacy Act to access the personal information the Department holds about them. Generally, only individuals themselves may access their personal information. The Department cannot provide an individual with the personal information of a partner or family member without consent or other lawful authority. 25. There is no cost associated with requesting access to your personal information. The Department will respond to most requests for access to personal information within 30 days of the request being received. In some circumstances, a request for personal information can be refused. If the Department decides to refuse access to the information a written notice of the reasons for refusal will be provided. 26. To access your personal information please contact the Department: Telephone Regional callers: International callers: privacy@dva.gov.au 5

6 27. In addition, claimants under SRCA can make requests for documents related to their claims under section 59 of that Act. Similarly, claimants under MRCA can make requests for claims related documents under section 331 of that Act. 28. If you wish to make a request under section 59 and section 331, you must apply in writing. You can lodge your application in one of the following ways: Post GPO Box 9998 SYDNEY NSW 2001 Fax In person GeneralEnquiries@dva.gov.au At any Departmental or VAN office: Alternatively, documents may also be requested under the Freedom of Information Act 1982 (the FOI Act). The FOI Act gives members of the public a general right of access to documents of an agency and official documents of a Minster, other than exempt documents. 30. Although the information of a deceased individual is not regulated by the Privacy Act, the Department will continue to respect the sensitivities of family members when using or disclosing such information. Amendment of Personal Information 31. Under of the Privacy Act, individuals may make a request to the Department to amend personal information that is out-of-date, incomplete, irrelevant or misleading. The Department will respond to most requests for correction of personal information within 30 days of the request being received. There is no cost associated with requesting correction of personal information. 32. In some circumstances, a request to correct personal information can be refused. If the Department decides to refuse the correction of information written notice of the reasons for refusal will be provided. 33. Individuals may also make a request the Department to amend personal information under the FOI Act. Making a Complaint 34. If you believe the Department has breached your privacy rights, you may contact the Department through the following: Telephone Regional callers: International callers: Post Manager, Feedback Management Team (Level 4) GPO Box 9998 SYDNEY NSW feedback@dva.gov.au 6

7 35. Complaints about privacy breaches will be forwarded on to the Legal Services & Assurance Branch for investigation. The Department aims to acknowledge complaints received by telephone and within two working days and resolve to issue within 28 days. For complaints received by mail, the Department aims to provide acknowledgement within five working days and resolve the issue within 28 days. If the matter is complex, it may take longer. In such cases, the Department will ensure the complainant is given the contact details of the officer or area assigned to manage their complaint, and will keep them informed of progress and an expected resolution date. 36. If you are dissatisfied with the way the Department handles your privacy-related complaint, you may contact the Office of the Australian Information Commissioner: Telephone TTY (local call cost, but calls from mobile and pay phones may incur higher charges) then ask for (this number is dedicated for the hearing impaired only, no voice calls) Post GPO Box 5218 SYDNEY NSW Further Information 37. If you would like further information, please contact: Department of Veterans Affairs: Telephone Regional callers: International callers: Website Further information about privacy and information policy can be found at: Office of Australian Information Commissioner: Website 7

8 ATTACHMENT A Department of Veterans Affairs 2013 Personal Information Digest The Department s personal information holdings: WHOLE OF DEPARTMENT PERSONNEL RECORDS HEALTH AND COMMUNITY SERVICES DIVISION AUSTRALIAN VETERANS PENSION, MEDICAL, CLINICAL, ADVOCACY, PERSONAL CASE, SOCIAL WORK AND REHABILITATION FILES OVERSEAS VETERANS' PENSION, MEDICAL, CLINICAL, SOCIAL WORK AND REHABILITATION FILES DEFENCE SERVICE HOME LOANS, SUBSIDY, INSURANCE FILES AND DATA BASES VIETNAM VETERANS' CANCER AND MORTALITY REGISTER HEALTH STUDY DATA (INCLUDING CANCER AND MORTALITY) VETERANS NOMINAL ROLL VETERANS CONTACT AND RECRUITMENT DATABASE ABORIGINAL AND TORRES STRAIT ISLANDER VETERANS PROJECT (WA) INDIGENOUS VETERAN DATABASE DEPARTMENTAL MANAGEMENT INFORMATION SYSTEM ALLIED HEALTH INFORMATION AND MONITORING SYSTEMS (AIMS) HEALTH SERVICES MONITORING SYSTEMS, DATABASES AND FILES PROVIDER FILE AND DATABASE HEALTH CARE PROVIDER FORMS SUPPLY DATABASE PRIOR APPROVAL AUTHORITY AND PRIOR APPROVAL DATABASE PHARMACEUTICAL PAYMENT DETAILS TREATMENT ACCOUNTS PAYMENT DATA AND SYSTEM HOSPITAL RECONCILIATION AND DATA SYSTEM (HOTSPUR) STATE AND TERRITORY PUBLIC HOSPITAL RECONCILIATION DATABASES AGED CARE ASSESSMENTS (ACA) CABRINI ONCOLOGY INFORMATION DATABASE MEDICAL EXPENSES PRIVATELY INCURRED (MEPI) DATABASE AND FILES PROVIDER DATABASE IN COMMUNITY NURSING PROVIDER SPREADSHEET VETERANS HOME CARE MINIMUM DATA SET COMMUNITY NURSING HEALTH CASE MANAGEMENT COMMITTEE (HCMC) DATABASE BOOKED CAR WITH DRIVER SCHEME (BCWD) TRANSPORT BOOKING AND INVOICING SYSTEM (TBIS) REPATRIATION TRANSPORT CLAIMS PROCESSING SYSTEM (RTCPS) AIR AND AMBULANCE TRANSPORT MANAGEMENT SYSTEM REHABILITATION APPLIANCE PROGRAM REHABILITATION APPLIANCES TREATMENT OPERATIONS REVIEW (RAPTOR) LOCAL PROVIDER PANELS CARER DATABASE RESIDENTIAL RESPITE CARE PAYMENT DATABASE EXCEPTIONAL CASE MANAGEMENT SYSTEM (ECMS) VETERANS HOME CARE SYSTEM AUSTRALIAN VETERANS HOME CARE FILES DAY CLUBS CONTACT LIST MEN'S HEALTH PEER EDUCATION DATABASE VETERANS HOME CARE NATIONAL EXCEPTIONAL CASES AUSTRALIAN BRITISH NUCLEAR TEST PARTICIPANTS PROGRAM DATABASE VIETNAM VETERANS FAMILY STUDY PARTICIPANTS DATABASE FEMALE VIETNAM VETERAN AND CIVILIAN HEALTH REGISTER AUSTRALIAN ELECTORAL ROLL PRIOR APPROVAL AND REFERRAL SYSTEM (PARS) DATABASE VETERANS ESSENTIAL MEDICAL EQUIPMENT PAYMENT SYSTEM (VEPS) IN-HOME TELEMONITORING FOR VETERANS TRIAL VIETNAM VETERANS SONS AND DAUGHTERS SUPPORT PROGRAM CASE FILES 8

9 REHABILITATION AND SUPPORT DIVISION CLIENT DATABASE DEFCARE CLIENT DATABASE COMPENSATION ASSESSMENT DETERMINATION AND ENTITLEMENT TOOL (CADET) MILITARY COMPENSATION CLAIM FILES MILITARY REHABILITATION AND COMPENSATION REHABILITATION CASE FILES MILITARY COMPENSATION ADMINSTRATIVE APPEALS TRIBUNAL CASE FILES TRANSITION MANAGEMENT SERVICE (TMS) CLIENT FILES VETERANS VOCATIONAL REHABILITATION SCHEME (VVRS) CHILDREN EDUCATION SCHEME SUBFILES PENSION LOANS SCHEME RECORDS LOAN ADMINISTRATION FILES STUDY OF HEALTH OUTCOMES IN AIRCRAFT MAINTENANCE PERSONNEL (SHOAMP) HEALTH CARE SCHEME PARTICIPANT PAPER FILES F-111 SYSTEM DATABASE STUDY OF HEALTH OUTCOMES IN AIRCRAFT MAINTENANCE PERSONNEL (SHOAMP) HEALTH CARE SCHEME ELECTRONIC FILES F-111 BETTER HEALTH PROGRAM PARTICIPANT FILES DESEAL-RESEAL DATABASE F-111 TIER APPLICANT PAPER FILES CLAIM MANAGEMENT DATABASES ASSESSMENT DATABASE PENSION INFORMATION PROCESSING SYSTEM - PERSONAL COMPUTER (PIPS/PC) COMPENSATION CLAIMS PROCESSING SYSTEM (CCPS) BATCH/ON-LINE PAYMENTS DATABASES INTEGRATED PAYMENTS SYSTEM (IPS) QUALITY ASSURANCE SAMPLING, ASSESSMENT AND REPORTING SYSTEM QUASARS QUALITY ASSURANCE SAMPLING, ASSESSMENT AND REPORTING SYSTEM QUASARS F-111 FUNCTIONALITY CE&MR TAX DATABASE MEDICARE LEVY EXEMPTION CERTIFICATES DEBT MANAGEMENT AND RECORDING SYSTEM (DMRS) WINDOWS PENSION OVERPAYMENT RECORDING SYSTEM (WINPORS) OBSERVATIONAL WINDOW DEPARTMENTAL REVIEW SYSTEM (DRS) OVERPAYMENTS MONITORING SYSTEM (OMS) BENEFIT CARD DATABASE CROSS REFERENCE FOR ELIGIBILITY VEA SECTION 93 CASEWORK, SPREADSHEET, CURRENT RECOVERY, CURRENT CASES AND FINALISED CASES VEA SECTION 93 CASEWORK, CASES, COMMON LAW CASES AND TAC CASES RESIDENTIAL CARE REPORT NATIONAL GRANTS DATABASE DISCRETIONARY GRANTS RECORDS LONG TAN EDUCATION BURSARIES EXCEL SPREADSHEET AND FILES SERVICE PERSONNEL AND MEDICAL DOCUMENT REQUEST AND TRACKING SYSTEM (DOCTRACKER) PARTICIPANT REGISTRATION SYSTEM EDUCATION ALLOWANCE SYSTEM CLIENT CONTACT FACILITY EX-PRISONERS OF WAR (EUROPE) EX-GRATIA PAYMENT APPLICANTS SPREADSHEET AND FILES INCOME SUPPORT & GRANTS MINISTERIAL TRACKING DATABASE DAME EDNA CORPORATE DIVISION FRAUD CONTROL MANAGEMENT INFORMATION SYSTEM INITIAL ASSESSMENT DATABASE COMPLIANCE SECTION FILES DIRECTORY OF EX-SERVICE ORGANISATIONS FILE LOCATION SYSTEM RECORDS MANAGEMENT SYSTEM MINISTERIAL REPRESENTATION FILES TRAFFIC ACCIDENT REPORTS CONTRACTS AND TENDERS FILES CONTRACTS PORTAL FINANCIAL ACCOUNTING DATA 9

10 BOARDS, COMMITTEES, FORUMS AND PANELS LEGAL SERVICES AND ASSURANCE REVIEWS ACCESS DATABASES FREEDOM OF INFORMATION REQUESTS FILES AND REGISTERS COMCOVER CLAIMS DATABASE CLIENT AND COMMEMORATIONS DIVISION PUBLIC RELATIONS MAILING LISTS VETAFFAIRS EXCLUSION LISTS OVERSEAS COMMEMORATIVE MISSION APPLICATION CLIENT RECORDING STATISTICS SHEET/DATABASE CLIENT FEEDBACK MANAGEMENT SYSTEM (CFMS) 2005 WORLD WAR II COMMEMORATIVE MEDALLION (COMMED) DATABASE SUBMITTERS TO THE NATIONAL COMMISSION OF THE COMMEMORATION OF THE ANZAC CENTENARY SELF SELECTING DESCENDANTS OF WORLD WAR ONE VETERANS REGISTER OF DEFENCE NOTIFICATIONS FUZZY WUZZY ANGELS COMMEMORATIVE MEDALLION (FWACM) COMMED DATABASE ANZAC CENTENARY BALLOT FOR ATTENDANCE AT ANZAC DAY COMMEMORATIONS, GALLIPOLI, 2015 D COMPANY 6RAR LONG TAN VETERANS DATABASE OFFICE OF AUSTRALIAN WAR GRAVES WAR GRAVES COMMEMORATION VETERANS AND VETERANS FAMILIES COUNSELLING SERVICE (VVCS) CLIENT RECORDS FOR VETERANS AND VETERANS FAMILIES COUNSELLING SERVICE (VVCS) DEPUTY COMMISSIONER VICTORIA STORY WRITING AND ART COMPETITION DATABASE INDIVIDUAL CASES REPORTING CLIENT LIAISON UNIT (CLU) RECORDS DEPUTY COMMISSIONER SOUTH AUSTRALIA COMMUNITY SUPPORT CONTACT DATABASE VETERANS REVIEW BOARD PERSONNEL RECORDS VETERANS REVIEW BOARD APPLICATION FOR REVIEW RECORDS 10