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Protecting Your Privacy

July 1, 2011 by Mark Grady

MKG-newPrivacy protection seems to be one of the new sexy terms that pops up in all walks of life.  In my experience it seems to be an excuse for somebody or some organisation not providing information requested, but perhaps I am just a cynic.

Privacy laws sound wonderful and large organisations are eager to tell you how protected you are and attach a copy of their privacy policy.  Unfortunately when the shoe is on the other foot, this is far from the case.

A recent matter involved a lady, who we will call Jane.  Jane was struck by a motor car and completed a claim form.  All claim forms just above where it needs to be signed, have an authority allowing ‘relevant’ companies to obtain information.  This could allow the insurance company the ability to obtain information from all manner of people including doctors, hospitals, police etc. The claim form and the authority are one and the same document. Although the word relevant has been inserted into more recent authorities such authorities generally disclose a lot of irrelevant information.  What one person considers as irrelevant, a lot of other people consider imperative.

Back to Jane.  Although having signed the authority, she was most concerned that the insurance company could access all of her private details which were unrelated to the claim and she filed an application with Federal Privacy Commission Office.  The Federal Privacy Commissioner’s primary role is to consider complaints.  Only very rarely do they make determinations.  Up until 2010, in the six years prior, the Federal Privacy Commission had yet to make a determination only assisting in conciliating matters.  This would appear to make a mockery of these privacy laws and the so called protection of individuals and has not given Jane any satisfaction.

The other point to note is that even if the Commission did make a determination, it is not binding on either party.

People should also realise that individuals should take others privacy seriously and if an employee breaches another person’s privacy it will often lead to instant dismissal.

A persons privacy is of the utmost importance and although a Federal Privacy Commission might be a good start, it would appear to lack the teeth that can make any real difference.  At Everingham Solomons we have the experience and expertise to assist you because Helping You is Our Business.

Click here for more information on Mark Grady.

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Privacy

Everingham Solomons Solicitors is bound by the National Privacy Principles contained in the Privacy Act 1988 (Cth). This Privacy Statement outlines how we handle your personal information.
THE INFORMATION WE COLLECT

We collect information including, but not limited to:

  • Names
  • Addresses
  • Occupations
  • Financial details
  • Identification documentation
  • Other relevant information that enables us to meet our legal obligations and conduct our business
WHY WE COLLECT PERSONAL INFORMATION

To enable us to meet statutory requirements, our legal obligations, conduct our business, and provide and market our services.

ABOUT WHOM WE COLLECT INFORMATION
  • Our clients
  • Potential clients
  • Our clients' employees
  • Our employees and prospective employees
  • Suppliers of other services including, but not limited to, other legal and financial services
  • Persons who we are legally required to record information on.
COLLECTION OF PERSONAL INFORMATION IS OBTAINED FROM
  • Personal consultations
  • Information provided by you
  • Information contained in forms and documents which you may be required to complete
  • Business records
  • Telephone conversations
  • Email messages
  • Information from third parties, such as medical reports and financial records and statements
  • Identification documents provided by you
USE & DISCLOSURE OF PERSONAL INFORMATION

We will use and disclose your personal information only for the purpose of providing our services to you, or for a related purpose including marketing our services.

We will use and disclose your personal information for the purposes of complying with our statutory and legal obligations when providing our services.

We may be required to disclose your personal information to comply with certain legal obligations, or where we are compelled to do so by law.

We may be required to disclose your personal information to ensure your safety, the safety of another person, or to prevent a threat to life.

Generally, the information provided by you is utilised to carry out your instructions and advance your matter.

TO WHOM PERSONAL INFORMATION IS DISCLOSED

Your personal information may be disclosed to:

  • Other companies or individuals who assist us to provide services to you, or perform functions on your behalf, such as other law firms, barristers and related service providers
  • Courts, tribunals and government authorities
  • Any other person or organisation to whom you authorise us to disclose your information. This may include organisations that provide financial or other legal services
STORAGE OF PERSONAL INFORMATION

We will take reasonable steps to ensure that the personal information we collect, hold and disclose is accurate, complete and up-to-date. Your personal information is held in both paper-based files and computer storage facilities. We have taken reasonable measures to ensure this information is secure and to protect your information from misuse, loss, unauthorised access or disclosure.

SENSITIVE INFORMATION

We may be required to obtain sensitive information. We will do so only when it is necessary to provide our services to you. We will use and disclose this information only with your consent, or where we are compelled by law to do so. This sensitive information may include details relating to a person's criminal record, religion, ethnic or racial origin or sexual preference.

GAINING ACCESS TO YOUR PERSONAL INFORMATION

If you wish to have access to your personal information, please email our Privacy Officer Monica Brooks, or call her on (02) 6766 1066.

OUR CONTACT DETAILS

If you wish to discuss this policy, update your information, or make a complaint, please email our Privacy Officer Monica Brooks, or call her on (02) 6766 1066. Write to us at PO Box 524 Tamworth NSW 2340. If you do not wish to receive any of our marketing or other material, please call us on (02) 6766 1066, and we will remove your name from relevant listings.