Version 1.0 March 2019
From 12 March 2014, the Australian Privacy Principles (“APPs”) replace the National Privacy Principles and Information Privacy Principles that apply to organisations, and Australian Government agencies.
The 13 APPs form Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988.
Australasian Pork Research Institute Ltd (“APRIL”) is required to comply with Privacy legislation. This policy is based on the new APPs and details APRIL’s policy or procedure response to each requirement.
You should note that APP 8.1 [related to cross border disclosure of personal information] will not apply to personal information collected by APRIL.
Part 1—Consideration of personal information privacy
Australian Privacy Principle 1—open and transparent management of personal information
APRIL is committed to managing personal information in an open and transparent way.
This policy details how APRIL will manage personal information in compliance with the APPs.
You may complain about a breach of the APPs by APRIL by writing to the Chief Executive Officer (“CEO”) at the address shown on page 1 of this policy.
APRIL will consider the complaint and respond in writing within 30 days, detailing any corrective action (if any) that APRIL will take in respect of the complaint.
APRIL collects and holds the following types of information that is subject to the APPs:
- Personal information of employees, directors, consultants and contractors
- Personal information of applicants for R&D project funding
- Personal information of APRIL participants and their employees and sub contractors
- Personal information of pork industry personnel and any other people with an interest in the activities of APRIL
- Personal information of potential and actual service providers to APRIL
- Personal information of other stakeholders such as APL and its employees and contractors
APRIL collects personal information in verbal, electronic, photographic and hard copy format by the following methods:
- from the APRIL website, or other social media such as facebook or twitter
- from the APRIL project management systems
- from surveys conducted by APRIL
- from R&D project applications
- from reports received in accordance with APRIL Research contracts
- from meetings, training courses, roadshows, workshops, seminars, webinars and events conducted and/or attended by APRIL
- from APRIL participants and other pork industry organisations and individuals
- from forms issued by APRIL in connection with APRIL policies, including staff, directors and consultants
- from emails received by APRIL, whether solicited or not
- from phone calls received by APRIL, whether solicited or not
- from correspondence received by APRIL, whether solicited or not
- from industry publications
APRIL holds personal information by the following methods:
- in hard copy files and records, including business cards
- in APRIL’s computer network
- on APRIL’s cloud based email system
- on APRIL’s web server
- on electronic storage media, including hard drives and USB memory sticks
Australian Privacy Principle 2—anonymity and pseudonymity
Whilst APRIL recognises your right to deal with APRIL anonymously and will provide this option where appropriate, in general the nature of APRIL activities will require you to identify yourself when dealing with APRIL.
Part 2—Collection of personal information
Australian Privacy Principle 3—collection of solicited personal information Personal information other than sensitive information
APRIL will only collect personal information (other than sensitive information) if the collection is reasonably necessary for one or more of APRIL functions or activities.
APRIL will only collect sensitive information about you by lawful and fair means and if:
(a) you consent to the collection of the information;and
(b) the information is reasonably necessary for one or more of APRIL’s functions or activities; or
(c) both of the following apply:
(i) the information relates to the activities of the organisation;and
(ii) the information relates solely to the members of APRIL, or to individuals who have regular contact with APRIL in connection with its activities.
Where it is reasonable and practical to do so, APRIL will collect personal information about you only from you. However,APRILmaycollectpersonalinformationfromothersourceswherenecessaryto perform APRIL’s functions and activities, including situations such as R&D grant applications, management of R&D projects and dissemination and commercialisation of the results of R&D.
Australian Privacy Principle 4—dealing with unsolicited personal information
If APRIL receives unsolicited personal information, the person receiving the information will, within 14 days of receipt, determine whether APRIL could have solicited that information.
If APRIL could not have collected the personal information under APP 3, then the personal information will be destroyed or de-identified, provided it is lawful and reasonable to do so (determined by APRIL CEO). Otherwise the personal information will be treated as solicited information in accordance with APP3 and the remainder of this policy.
Australian Privacy Principle 5—notification of the collection of personal information
At or before the time or, if that is not practicable, as soon as practicable after, APRIL collects personal information about you, APRIL will use reasonable steps to provide a copy of this policy to you and, where the personal information was not provided by you, the circumstances of the collection of that personal information.
Part 3—Dealing with personal information
Australian Privacy Principle 6—use or disclosure of personal information Use or disclosure
APRIL collects, holds, uses and discloses personal information for the following purposes:
- consideration, investment in, monitoring and administration of investments in R&D projects
- dissemination and commercialisation of the results of R&D projects
- reporting on APRIL activities to participants, industry, and the general public
- promotion of APRIL activities
- arranging meetings, training courses, roadshows, workshops, seminars, webinars and events conducted and/or attended by APRIL staff, directors or consultants, including travel arrangements
- APRIL administration
- APRIL compliance with laws and regulations
- Training of scientists and other pork industry personnel
- Administration of related entities
APRIL may disclose personal information that is contained on its website to overseas countries that have internet access.
Details of APRIL’s research, activities and functions (which may include your personal information) may also be disclosed to overseas participants, collaborators and service providers.
Australian Privacy Principle 7—direct marketing Direct marketing
APRIL will use personal information for direct marketing purposes only if:
- APRIL collected the information from you; or
- You have consented to the use of your personal information for direct marketing purposes or such consent is impracticable to obtain;and
- You would reasonably expect that APRIL would use or disclose the information for that purpose; and
- You have not opted out of receiving direct marketing communications from APRIL
APRIL will provide a simple and easy to use method of opting out of direct marketing communications, whenever personal information is used for this purpose.
Australian Privacy Principle 8—cross-border disclosure of personal information
APP 8.1 states:
“8.1 Before APRIL discloses personal information about an individual to a person (the overseas recipient):
(a) who is not in Australia or an external Territory; and
(b) who is not APRIL or the individual;
APRIL must take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the information.”
APRIL will rely on the exemption contained in APP 8.2(b) in relation to cross border disclosure of information, and by providing personal information to APRIL you expressly consent to APP 8.1 not applying to such disclosure.
Australian Privacy Principle 9—adoption, use or disclosure of government related identifiers
APRIL will not adopt, use or disclose government related identifiers.
Part 4—Integrity of personal information
Australian Privacy Principle 10—quality of personal information
APRIL will take such steps (if any) as are reasonable in the circumstances, as determined by APRIL’s CEO, to ensure that the personal information that APRIL collects is accurate, up to date and complete.
APRIL will take such steps (if any) as are reasonable in the circumstances, as determined by APRIL’s CEO, to ensure that the personal information that APRIL uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.
Australian Privacy Principle 11—security of personal information
APRIL will take such steps as are reasonable in the circumstances, as determined by APRIL’s CEO, to protect personal information:
(a) from misuse, interference and loss ;and
(b) from unauthorised access, modification or disclosure.
APRIL will take such steps as are reasonable in the circumstances to destroy personal information or to ensure that personal information is de-identified once APRIL no longer needs the information for any purpose for which the information may legally be used or disclosed.
Part 5—Access to, and correction of, personal information
You may access and seek corrections about your personal information held by the APRIL by writing to the CEO at the address shown on page 1 of this policy.
Australian Privacy Principle 12—access to personal information Access
Except as provided in APP 12.3, APRIL will, on written request by you if you are the subject of personal information held by APRIL, give you access to that personal information within 14 days of the request. APRIL will endeavour to provide the information in the form requested by you as far as it is reasonable and practicable to do so, or such other form that meets the needs of APRIL and you as determined by the APRIL CEO.
APRIL may charge a fee to cover the costs of retrieving and providing the information to you where the cost to APRIL of complying with a request for information exceeds $50.
Refusal to give access
If APRIL refuses to give you access to the personal information because of APP 12.3, or to give access in the manner requested by you, APRIL will give you a written notice that sets out:
(a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
(b) the mechanisms available to complain about the refusal;and
(c) any other matter prescribed by the regulations.
If APRIL refuses to give access to the personal information because of APP 12.3(j), the reasons for the refusal may include an explanation for the commercially sensitive decision.
Australian Privacy Principle 13—correction of personal information Correction
(a) APRIL holds personal information about you; and
(i) APRIL is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading; or
(ii) you request APRIL to correct the information;
APRIL will take such steps (if any) as are reasonable in the circumstances, as determined by APRIL’s CEO, and without charge to you to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading within 30 days of APRIL becoming aware of the information being inaccurate, out of date, incomplete, irrelevant or misleading.
Notification of correction to third parties
(a) APRIL corrects personal information about you that APRIL previously disclosed to another entity; and
(b) you request APRIL to notify the other entity of the correction;
APRIL will take such steps (if any) as are reasonable in the circumstances, as determined by the APRIL CEO, to give that notification unless it is impracticable or unlawful to do so.
Refusal to correct information
If APRIL refuses to correct the personal information as requested by you, APRIL will give you a written notice that sets out:
(a) the reasons for the refusal except to the extent that it would be unreasonable to do so; and
(b) the mechanisms available to complain about the refusal; and
(c) any other matter prescribed by the regulations.
Request to associate a statement
(a) APRIL refuses to correct the personal information as requested by you; and
(b) you request APRIL to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading;
APRIL will take such steps as are reasonable in the circumstances, as determined by APRIL CEO, to associate the statement in such a way that will make the statement apparent to users of the information within 30 days of the request from you and without charge to you.