Privacy
The introduction of the Privacy Amendment (Private Sector) Act (2000) came into effect on the 21st of December 2001 and affects the manner in which psychological data is collected, stored and accessed.
The Act contains 10 National Privacy Principles which are intended to:
- Set out how organisations working in the private sector should collect, use, keep secure, and disclose personal information they have obtained
- Give individuals a right to know what information an organisation holds about them and establish a right to correct that information if it is wrong
The Act is particularly relevant when collecting psychological data as it contains special provisions that apply to the collection of sensitive information.
Personal And Sensitive Information
Clients should be informed of the nature of “Personal and Sensitive” information as follows:
Personal information is any information or opinion (whether true or not) about you. It may range from the very sensitive (ie, medical history) to everyday (ie, name and contact details). It would include other’s opinions about you (ie, your physical condition), your work experience, qualifications etc.
Personal information can include sensitive information, which can only be disclosed to nominated parties with your consent. Sensitive information is collected in strict accordance with the National Privacy Principles and includes information collected to provide a health service.
Sensitive information specifically includes data (information or opinion) about your:
- Racial or ethnic origin
- Political opinion
- Membership of a political association or religious beliefs, affiliations or philosophical beliefs
- Membership of a professional or trade association or membership of a trade union
- Sexual preferences or practices
- Criminal record
- Health or disability (at any time)
- Expressed wishes about the future provision of health services
Collection Of Information
An organisation must inform clients about the proposed uses and disclosures of their information, for example:
The information obtained during your counselling sessions is collect for the purpose of your personal/professional development and to guide you in managing personal or workplace difficulties.
If the information is to be used for research purposes, clients/candidates need to be informed:
To ensure you cannot be personally identified during research, your data can be made anonymous by deleting your name and other identifying information and assigning your data a numerical code which effectively cannot be traced back to you.
Disclosure Of Information
An organisation must use and disclose the information collected from the person only for the stated primary purpose, and in most cases must obtain the consent of the client to use or disclose it for a secondary purpose, for example:
Where a report has been requested by the organisation and consent has been obtained from the candidate involved.
Data Security
An organisation must take reasonable steps to protect personal information it holds from misuse and loss, and from unauthorised access, modification and disclosure. Clients should be informed of the following:
All reasonable steps will be taken to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. Safety measures in place to protect your privacy include:
- Secure office storage allowing only authorised personnel access to your information;
- Computerised databases requiring a log-in and password to gain access;
- Staff bound by a confidentiality agreement regarding company and client information;
- Visitor security (visitors to our premises are always accompanied by a member of staff for the duration of the visit);
- Secure methods to destroy or de-identify personal information as soon as the law permits and provided that the information is no longer needed by us.
Access To Your Information
An organisation is required to give clients access (with some exceptions) to any information held about them, and to take reasonable steps to correct that information if the client shows that the information is not accurate, complete or up-to-date. A reasonable fee may be charged for clients to gain access to that information where it exists. For example:
In accordance with the Privacy Act you can personally gain access to your file.
However, when assessment has been conducted for recruitment / selection purposes, access to psychological data is only available after the outcome of your candidacy is known, so as not to interfere with the selection process.
How To Contact Us
An organisation must have a document available that sets out clearly expressed policies on the management of personal information, and provide more detailed information on request. For example:
If you wish to contact us about matters concerning your personal or sensitive information you should contact Maureen Pauli, on 07 3397 3450 or by email: maureen.pauli@langmontadvantage.com
If you believe The Psychologist has interfered with your privacy, a set procedure has been established to assist in resolving the grievance. By contacting the Privacy Officer you may lodge a formal complaint. If the matter has not been resolved, you can contact the Office of the Federal Privacy Commissioner on 1300 363 992, who can make a formal determination on our compliance with the Privacy Act (1988).
