Definitions of personal, sensitive and health information
|Personal Information||‘Personal Information’ is defined in the legislation as any information or opinion (including information or an opinion forming part of a database), 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.
Some examples of Personal Information are your name, date of birth or contact details.
|Sensitive Information||There is a subset of Personal Information called ‘Sensitive Information’ which includes information about race, ethnicity, political opinions or memberships, religious beliefs/affiliations, philosophical beliefs, memberships of professional/trade unions/associations, sexual preferences/practices and criminal record.
Some examples of Sensitive Information are your citizenship status or your criminal record.
There are more restrictions on the use, collection and disclosure of Sensitive Information. CPVV follows these restrictions when dealing with Sensitive Information.
For the purposes of this policy, a reference to Personal Information will include Sensitive Information.
|Health Information||‘Health Information’ is defined in the legislation as information or an opinion about an individual’s physical, mental or psychological health, a disability, an individual’s expressed wishes about the future provision of health services or a health service provided or to be provided.
Some examples of Health Information are a medical report about your physical or mental health or any disability you may have.
|Maritime information||Maritime information refers to information (including a facial image of an individual) which is collected or received by ST Vic under the MSA, and that identifies an individual or from which an individual’s identity can be reasonably ascertained. Under the MSA, this is referred to as “relevant information”.|
Collection of personal and health information
Safe Transport Victoria only collects Your Information when it is necessary to perform its functions and activities, manage those functions and activities, or when required to do so by law. It will always endeavour to collect Your Information directly from you, rather than from third parties, in a way that is fair, lawful, and non-intrusive.
Examples of circumstances in which Safe Transport Victoria collects Your Information include when you apply for a permission such as a licence, accreditation or registration; provide a statement to a Safe Transport Victoria officer in the course of a compliance or enforcement activity or investigation; make an inquiry or give a comment about Safe Transport Victoria’s functions or services, or request to be placed on a mailing list; apply for a job at Safe Transport Victoria; or lodge a request for access to documents under the Freedom of Information Act 1982 (Vic).
Consistent with functions undertaken across the bus and maritime branches, examples of the information Safe Transport Victoria collects in relation to an individual may include name, gender, date of birth, address, facial image, criminal history, qualifications, training or educational details, employment history, financial details including credit or bank card details, business or commercial arrangements involving the person such as partnership agreements, vessel or bus registration and/or accreditation details including identification numbers and vessel or vehicle model details, Australian Business Numbers and Australian Company Numbers, licence or certificate details, and relevant health information.
Safe Transport Victoria collects information via written or electronic correspondence, telephone, email, fax, social media, or in person. It protects personal and sensitive information through data security and destruction, data quality, access, correction, and unique identifiers. It may use and disclose Your Information for the purposes for which it was collected or as required or authorised by law. This may include sharing information with other government agencies, service providers, or contractors, and may involve the transfer of Your Information outside of Australia.
Use and disclosure of Personal Information or Health information
ST Vic will only use or disclose Personal or Health Information about you, in the following ways:
- as set out in this policy
- for the purpose it was collected (whether that purpose was specified or reasonably apparent when it was collected)
- where you have consented for it to be used for another related use; or
- where it is reasonably expected that it would be used for another related purpose.
Disclosure required by law
In certain circumstances, ST Vic may be required by law to provide Personal or Health Information to another organisation. Examples include warrants or court orders. Examples of organisations with these powers include Australian Security Intelligence Organisation (ASIO), Australian Securities and Investments Commission (ASIC), State Revenue Office and Centrelink.
ST Vic is required by law to keep a publicly available register (Register) of motor vehicle owners, BSPs and accredited drivers. The Register must include information which is Personal Information (such as name and business contact details). Publication occurs only after:
- the person consents; or
- the person has been given 20 business days’ notice that the information will be published.
If you wish to restrict any information on the Register, please fill out the application available on our website here.
In addition, ST Vic is required to keep a publicly available register of pilots on its website. This register must contain specific information listed out in the MSA.
Disclosure authorised by law
In certain situations, ST Vic is authorised to disclose Personal or Health Information to related transport and government agencies. Examples of these agencies include but are not limited to Melbourne Airport, Victoria Police, Australian Maritime Safety Authority and VicRoads.
ST Vic may use or disclose Personal and Health information in connection with the administration of the MSA or the Commercial Passenger Vehicle Industry Act 2017.
Data security and destruction
ST Vic has a Records Management Policy which details the security and retention requirements relevant to the records we hold. ST Vic will take reasonable steps to protect your Personal and Health Information from misuse and loss, and from unauthorised access, modification or disclosure. We will also take reasonable steps to destroy or permanently de-identify your Personal or Health Information when it is no longer required for any purpose.
A data breach occurs when there is an unauthorised collection, use or disclosure of Personal or Health Information.
When ST Vic becomes aware of a data breach we will:
- contain and assess the extent of the breach;
- evaluate the risks associated with the breach;
- determine whether relevant individuals or the Office of the Victorian Information Commissioner (OVIC) need to be notified; and
- take steps to prevent future data breaches.
Data quality, access and correction
We will take reasonable steps to ensure that any Personal and Health Information we hold is accurate, complete and up to date. You are entitled to request access to and correction of, any of your Personal or Health Information held by us. To request access or correction please contact the ST Vic Privacy Officer (contact details can be found in section 10 of this policy).
Freedom of Information (FOI) requests
Access to some information that we hold may require a formal request under the FOI Act. FOI applications and queries should be made to:
ST Vic Freedom of Information Officer
GPO Box 1716
Melbourne VIC 3001
Telephone: 1800 638 802
A unique identifier is a code consisting of letters or numbers assigned to an individual to distinguish them from other individuals, for example a driver’s licence number or tax file number.
ST Vic assigns unique identifiers if you are, have been or seek to become:
- involved in the supply of commercial passenger vehicle services; or
- a member of the Multi-Purpose Taxi Program.
If you believe that ST Vic has used your Personal or Health Information in a way which is not consistent with this policy, the Privacy and Data Protection Act 2014 (Vic) or the Health Records Act 2001 (Vic), you may contact our Privacy Officer (details below) or lodge a complaint with:
- the Office of the Victorian Information Commissioner ovic.gov.au regarding Personal Information; or
- the Health Complaints Commission hcc.vic.gov.au regarding Health Information.
Further information and contact details
Legal and Governance
GPO Box 1716
Melbourne VIC 3001
Telephone: 1800 638 802 (toll-free)