Introduction
The collection, maintenance, use, correction and disclosure of personal information is regulated by the Personal Information Protection Act 2004 (the PIP Act).
This document is created in response to Schedule 1, Clause 5(1) of the PIP Act and sets out the policies applied by the Department of Justice in managing personal information.
The Department of Justice (DoJ) is the custodian of personal information collected by it, and its collection, use and disclosure is governed by the PIP Act.
What is ‘Personal Information’
Personal Information is information or opinion in any recorded format about an individual whose identity is apparent or is reasonably ascertainable from the information or opinion. This includes information about individuals who have died in the past 25 years.
Basic personal information (i.e. name, residential or postal address, date of birth and gender of an individual) can be used and disclosed to other Government bodies without consent where it is reasonably necessary for the efficient storage and use of that information.
This Policy does not extend to public information, as such information is not regulated by the PIP Act.
What Personal Information is collected
DoJ only collects personal information that is necessary for it to perform its functions, and will generally only use or disclose this information for the purposes for which it was provided.
The type of personal information DoJ collects includes name, address and other contact details, gender and/or age, together with any specific information about a person that may be required to enable us to provide our services and to undertake our functions and activities.
Personal information may also be collected for:
- the administration of security controls and measures to provide and maintain a safe working environment for our employees, contractors and visitors
- the administration of a secure physical environment for the Department’s information, resources and assets.
We take reasonable steps to ensure that the personal information we hold is accurate, complete and up to date. Where practicable, we will check on the accuracy of personal information before we use it.
Sensitive Information
Sensitive information includes health information, criminal record, racial origin and sexual preferences.
Generally, DoJ will only collect sensitive information with your consent, or if it is necessary to provide a service, or if the collection of that information is required or permitted by law.
Unique Identifiers
We do not assign unique identifiers to people unless it is necessary for us to carry out our functions efficiently or it is required by law. Unique identifiers are data about you which are specific to you, and differentiate you from others within the system. Even if another organisation has provided us with your personal information, DoJ does not use any unique identifiers of another organisation. In certain circumstances, we may collect unique identifiers assigned to you by another organisation, but we will not disclose these without lawful authority.
Access or correction of Personal Information
The Act provides that, upon request, you can access your personal information held by the Department. Any such request is to be in writing addressed to the Department and must include an address to which a response can be made as well as proof of identify to confirm the authenticity of your request.
If the Department refuses your request or does not respond within 20 working days, you may make a second request which will be processed in accordance with the provisions of section 13 of the Right to Information Act 2009. Depending upon the nature of the request, a fee may be charged in accordance with section 16 of the RTI Act.
If you consider the personal information to be incorrect, incomplete, out of date or misleading, you can request that the information be amended by specifying the amendments that you want made.
To request an amendment to your information, you can write to:
Office of the Secretary
Department of Justice
GPO Box 825
Hobart TAS 7001
Or email: secretary@justice.tas.gov.au
If you are not satisfied with the handling or outcome of your request to access or correct your personal information, you can lodge a complaint with the Ombudsman. The Ombudsman's Office can be contacted on 1800 001 170 (free call in Tasmania) or 1300 766 725 (cost of local call anywhere in Australia), and by email at ombudsman@ombudsman.tas.gov.au.
Anonymity
If you are making a general enquiry, it may not be necessary to identify yourself. If you want to obtain a service, identification may be necessary.
Use and disclosure of Personal Information
All staff are bound by the confidentiality requirements specified in the State Service Act 2000.
Staff access to information is restricted to that which is required to carry out their functions within the Department.
There may be a need or requirement to disclose some or all information we collect to contractors and agents of the Department of Justice, nongovernment organisations, law enforcement agencies, courts or other public sector bodies. The Personal Information Protection Act also permits the disclosure of ’basic personal information' (that is, name, address, date of birth and gender) that is collected in conjunction with the provision of a service, to other public sector bodies where it is reasonably necessary for its efficient storage and use.
Some de-identified personal information we collect may be used in research, statistical analysis, state or national reporting, awareness programs, public statements or training, but not in a way that could compromise the protection of personal information.
Personal information in written submissions on policy matters or matters of public consultation may be disclosed in reports that are made public, unless the submission was submitted and/or accepted on a confidential basis.
Security of Personal Information
We use a number of procedural, physical, and technical safeguards, including access controls, secure methods of communication and back-up and recovery systems to protect information from misuse and loss, unauthorised access, modification and disclosure.
Generally, there is an intention that information is destroyed or permanently de-identified when it is no longer required. This will be done in accordance with processes approved by the State Archivist under the Archives Act 1983.