Department of Premier and Cabinet Privacy Policy

Overview

This Privacy Policy relates to the Department of Premier and Cabinet (‘DPC’, or the ‘department’). DPC and its service providers value the privacy of every individual. Protecting your privacy and personal information is important to us.

Scope

This policy sets out how DPC collects, uses, discloses or transfers personal and health information in accordance with the Information and Health Privacy Principles contained within the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic) (together, ‘the Legislation’) respectively. This policy does not apply to any of DPC’s portfolio agencies or entities to which the department provides administrative support.

The Department of Premier and Cabinet

DPC is a central agency and leads whole of Victorian government policy and performance objectives. The department’s groups are:

  • Legal, Legislation and Governance
  • Cabinet, Communications and Corporate
  • Social Policy and Intergovernmental Relations
  • Economic Policy and State Productivity
  • First Peoples-State Relations
  • Multicultural Affairs

DPC supports the following five Ministers:

  • Premier (Hon Jacinta Allan MP)
  • Deputy Premier (The Hon Ben Carroll MP)
  • Minister for Treaty and First Peoples (Gabrielle Williams MP)
  • Minister for Multicultural Affairs (Ingrid Stitt MP)

There are a number of key policy objectives and initiatives set to be delivered between 2021-2025, which you may read about in the current DPC Corporate Plan. These objectives inform the main functions of the department and the types of personal information that may be collected from you to assist in the delivery of projects, policy or other relevant functions.

What types of personal information do we collect?

  • Personal information means information or an opinion that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 applies.
  • Health information means information or an opinion about an individual’s physical, mental or psychological health, including any disability, a health service an individual has received or will be receiving, that is also personal information or other personal information collected to provide a health service. For further details about the meaning of ‘health information’, see section 3(1) of the Health Records Act 2001.
  • Sensitive information means information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, or criminal record, that is also personal information.

In this Privacy Policy, any reference to personal information is also a reference to health information and sensitive information.

Methods of collection

DPC collects personal information for a range of statutory and administrative reasons. Typical methods and reasons for collection include:

  • correspondence from members of the public
  • job applications
  • submissions to public consultations through Engage Victoria
  • optional survey responses
  • requests under the Freedom of Information Act 1982 (Vic)
  • documents or correspondence referred to DPC by other agencies
  • data sharing arrangements between DPC and other agencies
  • complaints to or about the department
  • correspondence to the Premier and other DPC Ministers.

The department will keep your personal information confidential, except when it is necessary to disclose it in connection with the original purpose for which your information was initially collected or as otherwise permitted under the Legislation and the Information and Health Privacy Principles.

Wherever possible, information is collected from you directly. We aim to collect it lawfully, fairly and without undue intrusion in accordance with the Legislation and the Charter of Human Rights and Responsibilities Act 2014 (Vic).

Further details about other types of information we collect through the Victorian Government website, and how we handle that information, is set out in the website privacy statement.

How do we use and disclose information?

Generally, DPC uses personal information for the primary purpose it was collected. When DPC initiates a request for personal information, such as through a job application or fulfilment of a particular project, you will be provided with a Collection Notice outlining how that information will be handled. Alternatively, where you provide your personal information to DPC separately to a specific program or policy, such as initiating contact with the department, your information will be kept confidential and handled in accordance with the Legislation, and the Information and Health Privacy Principles. Depending on the reason for collecting your information, DPC may have a separate privacy policy for a specific program area, which would be provided to you at the time of collection.

DPC will not disclose your personal information other than for the purpose it was initially collected, or, where appropriate, a secondary purpose that is permitted by the Legislation or the Information and Health Privacy Principles. Generally, this means information will be disclosed only where it is reasonable, and with your permission to the extent that it is required.

In the context of e-Services or other types of contracts, DPC may disclose your information to third parties. Generally, third parties will be bound by the Legislation and the Information and Health Privacy Principles, and your data will be managed accordingly. Disclosure and information-sharing in this context is generally only permitted to achieve a particular purpose, such as secure data-storage or another administrative requirement.

For more information on the permitted reasons for disclosure as part of a secondary purpose, please refer to the Information Privacy Principles and Health Privacy Principles.

In some circumstances, DPC is required or authorised by law to release information to other government agencies, including law enforcement bodies. For example, disclosure may be permitted to lessen or prevent a serious threat to an individual’s life, health, safety or welfare, or to lessen or prevent a serious threat to public health, public safety or public welfare.

Data quality

DPC takes reasonable steps to ensure the information it holds is accurate, complete and up to date. In accordance with the department’s Record Retention and Disposal Policy and the Public Records Act 1973 (Vic), your personal information will be deleted after the requisite period of time has elapsed, or where it is no longer required for any purpose. This prevents the holding of information that may be out of date or incorrect. To further ensure the quality and accuracy of your personal information, you can update the department with any changes to your circumstances.

Data security

All personal information is stored securely. DPC has a range of information security controls in place, including but not limited to:

  • firewalls
  • Security Incident Event Management
  • web and email filters
  • Security Operations Centre
  • antivirus software
  • protective markings
  • Privileged Identity Management

Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse, loss and unauthorised access, modification and disclosure. Access to systems, applications, and the information that we collect is limited to authorised personnel only.

Access, correction and complaints

You may request access to, or correction of, documents that contain your personal information which are in the possession of DPC.

In some cases, requests for access or correction will be handled in accordance with the Freedom of Information Act 1982 (Vic).

Should you wish to gain access to or correct the personal information of yours that we hold, or make a privacy complaint, please contact:

Title: Privacy Officer, DPC

Contact details: dpc.privacy@dpc.vic.gov.au

You may also make a privacy complaint to:

Can I remain anonymous?

When you contact the department directly, you do not have to identify yourself. However, if you would like a response, we will need to be provided with some means to contact you, such as an email or postal address.

When you provide your personal information in connection with the delivery of a particular project or policy initiative, the Collection Notice provided to you will detail if you have the option to remain anonymous.

Does my information leave Victoria?

Generally, DPC will not transfer your personal information outside Victoria. Any transfers of information outside Victoria will be made in accordance with the provisions of the Legislation and the Information and Health Privacy Principles.

DPC will only transfer personal or health information outside of Victoria where allowed by law, including but not limited to circumstances where:

  • the individual consents to the transfer;
  • the department reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which is substantially similar to the Information and Health Privacy Principles; or
  • reasonable steps have been taken to ensure that the transferred information will not be held, used or disclosed inconsistently with the Information and Health Privacy Principles; or
  • the transfer is for the individual’s benefit and it is impracticable to obtain the individual’s consent (which would likely have been given).

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