The Australian Government, Office of the Australian Information Commissioner, provides information on the Australian Privacy Act 1988. The Privacy Act regulates how personal information is handled and defines personal information as:
“…information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.”
The WA Local Government Association (WALGA) Privacy Policy is available on the WALGA website:
https://walga.asn.au/Privacy-Policy.aspx
The WALGA RoadWise Privacy Policy is an addendum to the WALGA Privacy Policy. A summary of this Privacy Policy has been developed and published on the RoadWise website, with reference to the following full policy statement. The Summary can be viewed in the Appendix of this document.
WALGA RoadWise Privacy Policy Statement
This Privacy Policy explains how WALGA, through the RoadWise Program, collects, uses, stores and protects personal information in accordance with the Privacy Act 1988 and the Australian Privacy Principles, including information collected both online (through our website, email and social media accounts) and offline (through phone calls, or face-to-face) interactions.
Collection of Information
The WA Local Government Association’s (WALGA) is committed to protecting the privacy of those visiting the RoadWise website and contacting us via phone or email. WALGA understands and appreciates that visitors and users of this website, and those phoning or emailing, are concerned about their privacy and the confidentiality and security of any information that may be provided to WALGA.
We will tell you why we are collecting personal information and how WALGA plans to use it, or these things will be obvious when the information is collected. Generally, we will not disclose your personal information other than to parties who have contracted with WALGA to provide administrative services or activities on behalf of the RoadWise Program. Usually, we require these parties to protect the privacy of your personal information in the same way as we do.
WALGA only collects personal information where the collection of the personal information is lawful and necessary or related to the functions and services of the RoadWise Program. Where WALGA collects information, it will not do so in a manner which is unfair or unreasonably intrusive.
Website Activity
For statistical purposes*, we collect information on website activity such as the number of users who visit the website, the date and time of the visits, the number of pages viewed and navigation patterns, through the use of “cookies” and registered user data. This information provides us with statistics that we can use to analyse and improve our website.
Cookies allow computers to identify and interact more effectively. Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer, giving you the choice whether to accept it or not.
WALGA uses a variety of physical and electronic security measures including restricting physical access to its offices, firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. The internet is not a secure environment. If you use the internet to send WALGA any information, including your email address, it is sent at your own risk.
Information collected for statistical website analysis does not identify individual users unless they choose to submit personal details through a form or registered user function.
Phone and Email Activity
WALGA may collect personal information when you contact us by phone or email. This may include your name, phone number, email address and any other information you choose to provide so that we can respond to your enquiry.
Phone calls are not recorded; however, notes may be taken during phone calls to assist in responding to your enquiry. These notes are handled in accordance with this Privacy Policy and are not audio recordings.
Personal information collected through enquiries is retained only for as long as necessary to respond or meet record-keeping obligations.
Records, Databases and Internal Handling
WALGA records the personal information that you provide to us voluntarily, for example when you:
- fill in an online form through the RoadWise website, such as Contact Us or Feedback
- subscribe to a WALGA RoadWise publication
- submit an article, via email or through the RoadWise website, for a WALGA RoadWise publication, or
- phone or email us regarding advice or information on services provided through the RoadWise Program.
The personal information collected by WALGA will not be used or disclosed for any purpose other than the purpose for which it was collected without the consent of a person who provided that information.
WALGA records your e-mail address if you send it to us in a message or email. It will only be used for the purpose for which you have provided it and will not be added to any external mailing lists. We will not use your e-mail address for any other purpose, and will not disclose it, without your consent.
WALGA takes reasonable steps to regularly review and securely destroy or de-identify personal information that is no longer required.
Access Complaints and Transparency
You have the right to access most personal information WALGA holds about you. If you want to access your information or alternatively if you have a complaint concerning your information privacy, please direct your query in writing or via email to:
• In writing: Chief Executive Officer, WALGA, PO Box 1544, West Perth WA 6872
• Email: Chief Executive Officer, [email protected]
You are allowed to inspect all personal information held by us about you, take notes about or obtain copies of the information. WALGA may deny your request for access to personal information in some circumstances but if we do this then we will tell you why. WALGA may charge a fee for supplying the personal information.
It is important that the personal information we collect from you is accurate, complete and up to date. You can contact us at any time to update your personal information or to tell us that the information we hold about you is inaccurate or incomplete.
Wherever it is lawful and practicable to do so, WALGA will offer you the opportunity to deal with us anonymously.
Sensitive Information
Personal information is considered “sensitive information” when it relates to specific matters, such as an individual’s racial or ethnic origin, political opinions, religious beliefs, or health.
WALGA only collects, uses or discloses sensitive information about you as is allowed by law, for example, where we have received your consent to do so.
Contact Us
If you believe that WALGA has not protected your personal information as set out in this Privacy Policy, you may lodge a complaint with us in writing or via email to:
• In writing: Chief Executive Officer, WALGA, PO Box 1544, West Perth WA 6872
• Email: Chief Executive Officer, [email protected]
All complaints will be treated confidentially.
WALGA respects your privacy. Our Privacy Policy may change from time to time to keep up to date with changes in the law and technology.
Definitions
The following definitions have been used throughout this document.
Personal Information
Information or an opinion about an identified individual, or an individual who is reasonably identifiable. This might include a person’s name, address, medical records, bank account details, photos, videos and even information about what an individual likes, their opinions and where they work.
• Whether the information or opinion is true or not.
• Whether the information or opinion is recorded in a material form or not.
Entity
• an agency; or
• an organisation; or
• a small business operator.
WALGA is an entity which must handle, use and manage personal information in accordance with the Australian Privacy Principles (APPs). WALGA’s RoadWise Network Database is the method in which WALGA handles, uses and manages personal information pertaining to the functions and services of the RoadWise Program.
The APPs are:
• Australian Privacy Principle 1 - open and transparent management of personal information.
• Australian Privacy Principle 2 - anonymity and pseudonymity.
• Australian Privacy Principle 3 - collection of solicited personal information.
• Australian Privacy Principle 4 - dealing with unsolicited personal information.
• Australian Privacy Principle 5 - notification of the collection of personal information.
• Australian Privacy Principle 6 - use or disclosure of personal information.
• Australian Privacy Principle 7 - direct marketing.
• Australian Privacy Principle 8 - cross-border disclosure of personal information.
• Australian Privacy Principle 9 - adoption, use or disclosure of government related identifiers.
• Australian Privacy Principle 10 - quality of personal information.
• Australian Privacy Principle 11 - security of personal information.
• Australian Privacy Principle 12 - access to personal information.
• Australian Privacy Principle 13 - correction of personal information.
For further information on each principle, visit the Australian Government, Office of the Australian Information Commissioner, Australian Privacy Principles:
https://www.oaic.gov.au/privacy/australian-privacy-principles/read-the-australian-privacy-principles/
Sensitive Information
Sensitive information is a type of personal information and includes information about an individual’s:
• health, including predictive genetic information
• racial or ethnic origin
• political opinions
• membership of a political association, professional or trade association or trade union
• religious beliefs or affiliations
• philosophical beliefs
• sexual orientation or practices
• criminal record
• biometric information that is to be used for certain purposes, and
• biometric templates.
Sensitive information must not be collected about an individual unless the individual consents to the collection and the information is reasonably necessary for WALGA RoadWise functions or activities.
The four key elements of consent are:
• the individual is adequately informed before giving consents
• the individual gives consent voluntarily
• the consent is current and specific, and
• the individual has the capacity to understand and communicate their consents.
It is WALGA policy that no sensitive information should be collected, recorded or used for the purposes of the RoadWise Program’s functions and services.
Collecting Information
Before collecting personal information, it is important to consider whether it is actually necessary to collect and hold the information in order to carry out the functions and services of the WALGA RoadWise Program. In this instance, WALGA considers:
• whether or not the information should be collected
• do we really need it, and/or
• can the collection be minimised.
“If an APP entity is an organisation, the entity must not collect personal information other than sensitive information, unless the information is reasonably necessary for one or more of the entity’s functions or activities.”
Personal information about an individual must only be collected by lawful and fair means, from the individual or if the individual consents to the collection of the information from someone other than themselves.
If WALGA has obtained an individual’s personal information which was not solicited, WALGA will, within a reasonable period after receiving the information, determine whether or not the information could have been collected as above, meaning the information is solicited.
After the determined time, and it is determined that the information could not have been solicited, WALGA will destroy the information or ensure that the information is de-identified.
It is WALGA policy that personal information not solicited or without consent be destroyed immediately. Personal information inputted into the RoadWise Network Database should only contain solicited and consented information.
It is the responsibility of WALGA employees to ensure that steps are taken to ensure that the information collected is accurate, up-to-date and complete.
WALGA must take steps to ensure all and any personal information collected is protected from misuse, interference, loss, unauthorised access, modification or disclosure. If the personal information has been corrected at any time following disclosure to another entity, WALGA must inform that entity of the correction.
It is WALGA policy that personal information not be disclosed to any other entities unless directed by the individual.
Once any personal information that has been collected is no longer needed for the purpose it was collected, WALGA must take the appropriate steps to destroy the information or ensure the information is de-identified.
Notifying Information has Been Collected
Once personal information is collected, or as soon as practicable, WALGA will take the appropriate course of action to inform the individual that their information has been collected, unless otherwise notified.
This could apply if:
- the information was collected from a third party, or
- the individual is not aware that the information has been collected.
Under these circumstances, WALGA employees are required to contact the individual in question notifying they are now a part of the WALGA’s RoadWise Program network and may receive further road safety information from yourself.
If the individual does not consent, the information must be destroyed. If consent is given, the information should be added to the RoadWise Network Database.
Use or Disclosure of Information
Once an individual’s personal information has been collected for a particular purpose, the primary purpose, WALGA must not use or disclose the information for another purpose, the secondary purpose, unless the individual has consented.
Australian Privacy Principle 6 allows an organisation to use personal information for the main purpose for which it collected the information, and also for purposes that are related to that purpose and within the individual’s reasonable expectations.
When disclosing personal information about an individual to other entities, steps must be taken to ensure that the recipient of the information does not breach the Australian Privacy Principles.
It is WALGA policy that an individual’s information is not disclosed without their consent to avoid any potential breaches of the Privacy Act 1988.
It is the responsibility of WALGA employees to ensure that personal information collected is used or disclosed, is regarding the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.
Direct Marketing
An individual’s personal information must not be used or disclosed for the purpose of direct marketing, including road safety campaign information. Contrary to this, the information can be used for the purpose of direct marketing if:
• the information has been collected from the individual
• the information has been collected for that purpose, direct marketing
• a simple means is provided to the individual to easily request not to receive direct marketing communications
• the individual has not made such a request
• the individual has consented to the use of the information, and
• it is impracticable to obtain consent.
In each direct marketing communication with an individual, it is the WALGA employee’s responsibility to include a prominent statement that the individual can make a request to ‘opt-out’. This could be done by adding a simple clause to the bottom of emails.
Individuals may, at any time, request not to receive direct marketing.
Access to Information
Any personal information held about an individual must be made available to that individual if requested, unless WALGA, under certain circumstances, is not required to give access to the information. This would apply if:
- WALGA reasonably believed that giving access would pose serious threat to the life, health or safety of the individual, or to public health or public safety
- giving access would have an unreasonable impact on the privacy or other individuals
- the request for access is frivolous or vexatious
- the information relates to existing or anticipate legal proceedings between the WALGA, in relation to the RoadWise Program, and the individual and would not be accessible by the process of discovery in those proceedings
- giving access would reveal the intentions of the RoadWise Program in relation to negotiations with the individual in such a way as to prejudice those negotiations
- giving access would be unlawful
- denying access is required or authorised by or under an Australian law or a court/tribunal order
- WALGA has reason to suspect that unlawful activity or misconduct of a serious nature, that relates to the RoadWise Program’s functions or services has been, is being or may be engaged in
- giving access would be likely to prejudice the taking of appropriate action in relation to the matter
- giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body, or
- giving access would reveal evaluative information generated within the RoadWise Program in connection with a commercially sensitive decision-making process.
If a request is made by an individual to access personal information, WALGA must respond within a reasonable timeframe and if giving access is reasonable and practicable to do so.
If access is not granted, WALGA must respond with a written notice informing the reason for refusal, mechanisms available to complain about the refusal and any other matter prescribed by the Privacy Act 1988.
WALGA can charge for an individual to have access to personal information, providing the charge is not excessive and must not apply to the making of the request.
It is WALGA policy that no charges be applied to a request to access personal information.
Spam
The Spam Act 2003 sets up a scheme for regulating commercial email and other types of commercial electronic messages. Below is an outline of the Act:
• Unsolicited commercial electronic messages must not be sent.
• Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.
• Commercial electronic messages must contain a functional unsubscribe facility.
• Address-harvesting software must not be supplied, acquired or used.
• An electronic address list produced using address-harvesting software must not be supplied, acquired or used.
• The main remedies for breaches of this Act are civil penalties and injunctions.
Note: The Telecommunications Act 1997 contains additional provisions about commercial electronic messages. Those provisions include Part 6, industry codes and standards; Part 26, investigations; Part 27, information-gathering powers; and Part 28, enforcement.
If it is within the WALGA RoadWise Program’s customer’s reasonable expectations, WALGA is able to use personal information collected to distribute material celebrating the relationship currently existing with the customer. For example, sending a Christmas card to active members of the RoadWise Program network as recorded into the RoadWise Network Database.
Appendix 1: Website Summary
WALGA RoadWise Privacy Policy Summary
Our Commitment to Your Privacy
WALGA RoadWise is committed to protecting your privacy and handling your personal information in a safe, respectful and transparent way.
This summary explains, in plain language, what information we collect, how we use it, and how we keep it secure. It supports and should be read alongside the full WALGA RoadWise Privacy Policy, which complies with the Privacy Act 1988 and the Australian Privacy Principles.
What Information We Collect
We only collect personal information that is necessary for the functions and services of the RoadWise Program.
Depending on how you interact with us, this may include:
• your name
• email address
• phone number
• organisation or Local Government
• information you provide in an enquiry, feedback form or subscription, and
• website usage information, see below.
How We Collect Information
Through Our Website
When you visit the RoadWise website, we may collect anonymous website usage information, such as:
• pages visited
• date and time of your visit, and
• general navigation patterns.
This information is collected using cookies and is used only for statistical and website improvement purposes. It does not identify you unless you voluntarily submit personal information via a form or registration.
You can control or disable cookies through your internet browser settings.
Through Phone Calls
If you contact us by phone, we may collect your:
• name
• email address
• phone number, and
• details of your enquiry.
Phone calls are not recorded. However, staff may take brief notes to help respond to your enquiry. These notes are treated as confidential personal information.
Through Emails
If you contact us by email, we will collect your:
• email address
• name, if provided, and
• information contained in your message.
This information is used only to respond to your enquiry or provide the service you have contacted us about.
How We Use Your Information
We use personal information to:
• respond to enquiries
• provide and deliver RoadWise services and information
• manage subscriptions and communications you have requested, and
• maintain accurate internal records.
We do not use your personal information for any purpose other than the reason it was collected, unless:
• you have given consent, or
• we are required or authorised by law to do so.
Marketing and Communications
We do not send unsolicited communications.
Where permitted, you may receive RoadWise updates or information if:
• you have provided your details directly to us, and
• the communication relates to road safety or your involvement with the RoadWise Program.
All communications provide a clear option to unsubscribe or opt-out at any time.
How We Protect Your Information
We take reasonable steps to protect personal information from misuse, loss, unauthorised access or disclosure. This includes:
• secure databases and systems
• restricted access to personal information, and
• regular review and safe disposal or de-identification of information no longer required.
While we take care to protect information, the internet is not a completely secure environment. Information sent to us online is provided at your own risk.
How Long We Keep Information
Personal information is kept only for as long as necessary to:
• respond to your enquiry
• deliver RoadWise services, and
• meet record-keeping and legal and contractual obligations.
When information is no longer required, it is securely destroyed or de-identified.
Accessing or Correcting Your Information
You have the right to:
• request access to personal information we hold about you, and
• request correction of information that is inaccurate, incomplete or out of date.
Requests will be handled within a reasonable timeframe and in accordance with the Privacy Act 1988.
Complaints and Questions
If you have a question, concern or complaint about how your personal information has been handled, you can contact us:
Chief Executive Officer
WA Local Government Association (WALGA)
PO Box 1544, West Perth WA 6872
Email: [email protected]
All privacy complaints are treated confidentially.
For further information, read our full Privacy Policy.
Changes to This Policy
Our privacy practices may change from time to time to reflect updates in legislation, technology or RoadWise Program operations. The most current version of the Privacy Policy is always available on our website.
