Public Transport Ombudsman Victoria-Privacy

The Public Transport Industry Ombudsman (Victoria) Limited (PTIOV)'s Privacy Policy is intended to ensure that in the collection, use, disclosure and storage of personal information by the Public Transport Ombudsman (PTO) in the day to day operation of the PTIOV scheme, the privacy of individuals is protected.

The Privacy Policy has been written in accordance with the Privacy Act 1988 (Cth) (the Act). It is intended to be read with the ten National Privacy Principles (NPPs) contained in the Act. In the following paragraphs all references to the PTO are intended to be inclusive of the PTIOV and vice versa.

The collection, use and disclosure of personal information by the PTIOV will be done for the primary purpose of complaint handling and will be done in compliance with the NPPs.

1. Collection
Collection of personal information will be necessary for the primary purpose of complaint handling and will be done by lawful and fair means. Given the PTIOV’s purpose and activities it will be assumed that individuals will expect the PTO to collect personal information disclosed in the complaint handling process.

The PTO collects personal information:

Regarding individual complainants from the complainants directly (either orally or in writing via e-mail, facsimile or letter). If information is collected from a member or other necessary person the PTO will seek the authority of the complainant first.

That relates to third parties from complainants and members when for the primary purpose of complaint handling. It will be assumed that a reasonable third party would expect that information about the circumstances giving rise to a complaint would be collected as part of the PTO's complaint handling process. This information will be collected with the individual's consent or from the individual directly if it is reasonable to do so. If this is not reasonable or practical the PTO will:
Delete information from the complaint that is determined not to be essential to the complaint handling process;
Anonymise the information if possible.

The PTO will ensure awareness of the PTIOV's information collection procedures by:

Including the Privacy Statement on the PTIOV's website;

Providing information on request (either orally or in writing) when contact is made with the PTO’s office.

2. Use and Disclosure
In the course of complaint handing, the PTO may disclose personal information about an individual to:

Complainants;

Members;

Independent advisors who may assist the PTO in the compliant handling process.

Should the PTO need to use or disclose personal information about an individual for the secondary purposes of reporting or publishing binding decisions, the PTO will take all reasonable steps to anonymise the information.

The PTO will not discuss any aspect of a complaint with any person other than the complainant and relevant staff of the member unless the complainant has authorised the PTO to do so.

3. Data Quality
The PTO takes all reasonable steps to ensure that personal information collected, used or disclosed is accurate, complete and up-to-date by:

Reviewing personal information as cases are reviewed on the case management system;

When notified of changes to personal details, making the necessary changes as soon as practicable.

4. Data Security
The PTO takes reasonable steps to protect the personal information it holds by:

Using electronic security;

Training staff in privacy obligations;

Ensuring staff make confidentiality undertakings in respect of any personal information to which they may have access;

Taking all reasonable steps to anonymise personal information if it is no longer needed in the complaint handling process;

Destroying/deleting hard-copy files and electronic records after seven years.

5. Openness
The PTIOV's Privacy Policy is intended to fulfil the obligation for openness under the NPPs. The Privacy Policy will be made available:

On the PTIOV's website;

Upon request.

6. Access and Correction
If the PTIOV holds personal information about an individual, it will provide the individual with access to the information upon request by the individual except where one or more of the exceptions in clause 6.1 of the NPPs applies.

Information will be provided free of charge and the PTO will provide written reasons for denying access to information or refusing to correct personal information.

7. Identifiers
The PTO identifies complaints by a number and letter sequence. Individuals are not assigned any identifying numbers or codes by the PTO.

8. Anonymity
Individuals will have the option of not identifying themselves when making a complaint to the PTO. However, individuals wishing the PTO to take action in connection with that complaint may be required to identify themselves.

9. Transborder Data Flows
The PTIOV only operates within Victoria. Therefore, it is not envisaged that the PTO will need to transfer personal information about an individual either interstate or overseas.

10. Sensitive Information
Collection of sensitive information will be limited to that which is necessary for dealing with a complaint made to the PTO.

Wherever practicable the PTO will seek the consent of any individual about whom sensitive information is collected. However:

Where a complainant provides sensitive information about him or herself to the PTO, consent to the collection and use of such information will be assumed.

The PTO may collect sensitive information about a third party without consent if such information is essential for the PTO to form a properly informed view as to the merits of a complaint.

¹ This summary should be read in conjunction with the National Privacy Principles. These are published on the Privacy Commissioner’s website at: www.privacy.gov.au.