CEN respects the confidentiality of information and documents to which CEN has access in the course of or arising from its activities.

Background:

CEN is exempt from the Federal Privacy Act. However, the principles that form part of the Act are useful guides to management. A key principle is: " The organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure."

The Federal Tax Act contains some guidelines regarding Tax File numbers (TFN) that CEN must comply with. These are:

  • TFN is confidential and may not be given out or used without the person concerned permission.
  • TFN is not allowed to be used as an identifier.
State Privacy Law in NSW basically covers behaviour of the public sector only.

Credit card law relates to credit checks, but CEN needs to take all possible steps to protect personal information and information such as bank account numbers and credit card numbers from fraud.

Civil law would provide redress via negligence if CEN caused someone to suffer a loss due to careless or negligent use of information.

CEN needs to respect the confidentiality wishes of members or donors and anyone else we have dealings with.

CEN has obligations in regard to reporting to the public or members on activities of CEN. This type of information is not personal and is published each year in the CEN Annual Report. However, there is an exemption to providing information if CEN believes it is for a frivolous or vexatious purpose.

There is no legal requirement to release information held on anyone except to the police or other law enforcement agencies.

CEN Policy:

CEN treats personal information of clients and customers of the CEN (prospective, existing or former) and others who provide such information to the CEN, in accordance with the privacy policy of the CEN, applicable privacy legislation and guidelines.

  • Staff, members, landholders, volunteers and those with whom we have dealings on behalf of the organisation, have a right to the confidentiality of any personal information about them except in circumstances of legal obligation. No personal information will be divulged to an outside party without the express permission of the person concerned or in accordance with the requirements of the law.

  • Any information about the organisation that a person will receive while serving as a member of staff or a Committee Member shall remain confidential and not be communicated to any outside person or organisation. In particular, It shall not be used in any manner for personal gain.

  • Staff, members, landholders and volunteers names or telephone numbers or addresses will not be released to a third party without prior approval.

  • Only authorised members of staff will have access to staff and members records, and in accordance with the law. The information will be held for the required length of time in secure storage.

  • No information may be given out about our suppliers unless directly requested by them.

  • All requests for information to be released must be addressed in writing to the Executive Officer and include reference to the law or regulation under which the person seeking the information is entitled to do so. In such cases the organisation may seek legal advice that the information can be released.

“Confidential Information” includes (but is not limited to) the following:

  • information about the business and affairs of the CEN that impacts on privacy of individuals, such as [clients, marketing and/or strategy plans, commercial and business plans, client proposals, sales plans, client prospects, pricing information, supplier lists, research, inventions, designs, precedents, procedures or processes, sales and training materials];

  • information about clients of the CEN, such as their specific requirements, arrangements and past dealings with the CEN;

  • client names and addresses, client lists, business cards and diaries, calendars or schedulers;

  • computer data bases and computer software; and

  • all other information obtained from the CEN or obtained in the course of staff employment with the CEN, that is by its nature confidential.

“Person” includes any natural person, CEN, partnership, association, business, or other organisation of any description.

“Sensitive Information”

  • All information that is sensitive will be held in a locked filing cabinet;
  • Access will be under the control of the Executive Officer;
  • Sensitive information includes:
  • Names, phone numbers or addresses of members, volunteers, staff or landholders;
  • Credit card or other financial details;
  • Tax File numbers and declarations;
  • Superannuation or deduction details;
  • Health related information, including doctors, funds, etc;
  • Job Applications and CVs.