Scrutiny of Acts and Regulations Committee
Report on an Interim Privacy Code
of Conduct
for Members of the Victorian Parliament, May 2001
Appendix 1 – Draft
Interim Code of Conduct
Interim Privacy Code of Conduct for Victorian Members of Parliament
In this Code, words have the same meaning
as in the Information Privacy Act 2000 (the Act).
Clause 1 – Collection
1.1 Victorian Members of Parliament and
their staff will only collect personal information which is necessary
for one or more of their functions or activities, which include representing
their constituents, debating legislation and public affairs more generally,
and campaigning for re-election.
1.2 Victorian Members of Parliament and
their staff will collect personal information only by lawful and fair
means and not in an unreasonably intrusive way.
1.3 Victorian Members of Parliament and
their staff will take reasonable steps to ensure, when collecting personal
information, that individuals are aware of the purposes for which the
information will be used, how to contact the MP, the fact that they are
subject to this Code, and that they have a right of access and correction.
1.4 Victorian Members of Parliament and
their staff may obtain information about individuals from third parties
where it is relevant to their functions. Where such information is potentially
prejudicial, they will take reasonable steps to verify it, including,
where appropriate, by checking with the individual concerned.
Clause 2 – Use and Disclosure
2.1 Victorian Members of Parliament and
their staff will use or disclose personal information about an individual
only for purposes related to their functions, or where the use or disclosure
is:
-
with the consent of the individual;
or
-
for research and statistical use provided
no individual is or could be identified in the results; or
-
in an emergency situation (as envisaged
by IPP 2.1(d) of the Act); or
-
in order to report suspected unlawful
activity; or
-
required or authorised by or under law.
2.2 Victorian Members of Parliament and
their staff will only disclose personal information to the extent necessary
for the purpose, taking into account the sensitivity of the information.
Clause 3 – Data Quality
Victorian Members of Parliament and their
staff will take reasonable steps to make sure that the personal information
they collect, use or disclose is accurate, complete and up to date.
Clause 4 – Data Security
4.1 Victorian Members of Parliament and
their staff will take reasonable steps to protect the personal information
they hold from misuse and loss and from unauthorised access, modification
or disclosure.
4.2 Victorian Members of Parliament and
their staff will take reasonable steps to destroy or permanently de-identify
personal information if it is no longer needed for any purpose.
Clause 5 – Openness
Victorian Members of Parliament will make
available this Code of Conduct together with a document which summarises,
generally, what sort of personal information MPs hold, for what purposes,
and how they collect, hold, use and disclose that information.
Clause 6 – Access and Correction
6.1 Victorian Members of Parliament will
provide individuals with access to any information they hold about that
person, on request by the individual, except to the extent that the Member
considers that the information should not be provided, taking into account
the grounds for withholding set out in IPP 6 of the Act and the implications
for the performance of the Member’s functions.
6.2 Where a Member withholds information
on any grounds, they should consider whether an explanation, or the use
of mutually agreed intermediaries, would satisfy the applicant.
6.3 If an individual is able to establish
that the information is not accurate, complete and up to date, the Member
must take reasonable steps to correct the information so that it is accurate,
complete and up to date.
6.4 If the individual and the Member disagree
about whether the information is accurate, complete and up to date, and
the individual asks the Member to associate with the information a statement
claiming that the information is not accurate, complete or up to date,
the Member must take reasonable steps to do so.
6.5 A Member must provide reasons for denial
of access or a refusal to correct personal information.
6.6 Individuals shall have a right of appeal
against the withholding of information or refusal to correct or annotate,
to a relevant officer of the Parliament.
Clause 7 – Unique Identifiers
Victorian Members of Parliament and their
staff will not record use or disclose unique identifiers issued by other
organizations unless it is necessary in the context of the functions they
are performing. Victorian Members of Parliament and their staff will not
assign unique identifiers to individuals for their own record keeping
purposes.
Clause 8 – Anonymity
Victorian Members of Parliament and their
staff will as far as practicable deal with individuals who wish to remain
anonymous up to the point where they cannot continue to assist without
knowing the individual’s identity.
Clause 9 – Trans-border Data Flows
Victorian Members of Parliament and their
staff will only disclose personal information to third parties outside
Victoria in accordance with advice issued by the Victorian Privacy Commissioner.
Clause 10 – Health Information
Health Information will be handled in accordance
with the provisions of the Health Records Act 2001, to which
MPs are subject.
Clause 11 – Accountability
Victorian Members of Parliament will be
accountable for compliance with this Code to an Presiding Officer or Committee
of the Parliament. Members’ staff will be accountable in the first
instance to their Member, but in the event of their actions having been
undertaken without authority, they will be accountable to management of
the relevant Parliamentary Department.
Scrutiny
of Acts and Regulations Committee
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