Annual Report the Hon

2009–10 annual report The Hon . Rob Hulls, MP Attorney-General 55 St Andrews Place Melbourne Victoria 3002 Dear Attorney-General I am pleased to present to you a report in accordance with the Financial Management Act 1994 and Section 62 of the Information Privacy Act 2000, for the year ending 30 June 2010, for presentation to Parliament . Yours sincerely HELEN VERSEY Privacy Commissioner August 2010 COVER IMAGES: TOP Left: Privacy Commissioner Helen Versey with Tjimba possum-Burns and Danny Ramzan from The Yung Warriors at the Watch this space conference, May 2010 TOP RIGHT: Noni Hazlehurst with members of Privacy Victoria’s Youth Advisory Group at the Watch this space conference Bottom Left: Year 9 students from CBC Ordered to be printed St Kilda at the Watch this space conference Victorian Government Printer 2010 Bottom RIGHT: The Privacy Victoria and PP 320, Session 2006-10 Office of the Health Service Commissioner display at the 2009 Royal Melbourne show Editor David Taylor Cover photography Heather Venn 1 contents Office of the commissioner’s overview . 2 report on the operations of the office . 4 Victorian Privacy Commissioner functions of the office . 5 Advise and Guide . 5 Audit and Monitor . 13 Handle Complaints . 13 Handle Enquiries . 21 Investigate and Enforce . 26 2009–10 2009–10 Liaise and Co-operate . 28 Promote Awareness . 32 annual report Research and Report . 42 managing our office . 43 financial report . 50 Comprehensive Operating Statement . 50 Balance Sheet . 51 Statement of Changes in Equity . 52 Cash Flow Statement . 53 Notes to the Financial Statements . 54 Accountable Officer’s and Chief Financial and Accounting Officer’s Declaration . 68 Auditor-General’s Report . 69 appendices . 71 APPENDIX A Disclosure Index . 71 APPENDIX B Major Outputs . 73 APPENDIX C Additional Departmental Information Available on Request . 74 APPENDIX D Speeches and Presentations . 75 APPENDIX E Information Sheets . 76 APPENDIX F Case Notes . 86 APPENDIX G Privacy Victoria Publications at 30 June 2010 . 89 APPENDIX H Organisational Participation in Privacy Victoria’s Training and Awareness Activities during 2009-10 . 91 APPENDIX I Privacy Victoria OrationMelbourne, 1 September 2009 . 94 summary Victoria’s Information Privacy Principles (IPPs) . 97 2 commissioner’s overview Office of the Privacy Commissioner Helen Versey Mr Kirby used the story to Technology has also impacted illustrate how new technology on how government and local has changed our lives and government handle records and the challenges that privacy registers that they are required Victorian Privacy Commissioner regulators face with ever- by legislation to make available changing technology . to the public . In the past these records have been in paper Governments – rightly – form, available for inspection in a want to harness this new government office, usually for a fee . technology . They want to use However, technology now enables it to provide better services, organisations to publish these and to provide better security Photo courtesy of records online, readily available to for the public . This has seen a anyone, and in bulk . While there is a move to ‘seamless’ or ‘joined legitimate public interest in making up’ government through data public records more available, 2009–10 2009–10 sharing and data matching . organisations need to be conscious Technology has made large- The Border Mail that by publishing information online annual report scale data matching between it becomes more readily available to organisations quicker and those who seek personal information easier . But depending on how for illegitimate purposes – and that it is conducted, data matching once published online it is out there also poses privacy risks such forever . Publication of planning as function creep, automated information is an example where decision making based on information, including individuals’ poor quality data and profiling . names, addresses and contact To address these legitimate information, is being published concerns Privacy Victoria online, often retrospectively and published during this reporting without notice . period a guide for the Victorian On 1 September 2009 the Hon . public sector Data Matching in Privacy Victoria’s submission to the 2 Michael Kirby AC CMG gave the the Public Interest . The title of the exposure draft of the Planning and inaugural Privacy Victoria Oration guide was intended to acknowledge Environment Bill 2009 highlighted to mark the 8th Anniversary of the that privacy is one of many public the privacy issues surrounding Information Privacy Act 2000 (Vic) interests that are relevant to data the publication of planning coming into force .1 His oration was matching activities . But those information online . It is important entitled ‘Privacy, MySpace, YouTube interests need to be balanced that new legislation dealing with and Facebook: Can the law cope?’ against the risks to privacy . public records addresses this new 3 Mr Kirby commenced by recounting environment . I am aware that public sector how he had recently been stranded organisations sometimes refuse at JFK airport, and, to while away to share information even where the time, had ‘googled’ his partner’s permitted under the Information name . Up came a story from an Privacy Act . In some cases, such Australian newspaper about a time as during emergencies, this can 20 years before when his partner potentially cause harm . Privacy owned a newsagency business and Victoria’s guidence Emergencies some unnamed lawyer claimed he and Privacy is designed to assist saw Mr Kirby delivering newspapers organisations involved in responding for his partner . As Mr Kirby said, to emergencies such as bushfires “Endearing or not, the story is and disasters to plan ahead and just false,” but, as he pointed out, to train staff about how personal “stories that once would have been information can be legitimately wrapping the fish and chips and shared . forgotten a few weeks or months 3 See Office of the Victorian Privacy later, are preserved forever .” Commissioner – Submission to the Department of Planning and Community Development February 2010 . See also Privacy Victoria Public registers and privacy – Guidelines for the Victorian public sector . Available www.privacy.vic.gov. 1 For full text of the oration see page 88 2 Available at www.privacy.vic.gov.au au>publications 3 Office of the This reporting period has also seen When reviewing the work of the In the forthcoming year we will both the Commonwealth and the office this year, there continues continue to monitor technological Victorian Governments, through to be a significant increase in advances . In particular, we will be their ‘Government 2 .0’ initiatives, the number of consultations with examining the use or proposed use Victorian Privacy Commissioner seeking to make greater use of this Office by the Victorian public of cloud computing by the public Web 2 .0 technology for the sharing sector . While it is very pleasing sector and will provide guidance . of government information with the that organisations are more and We also propose conducting at least public . While the use by government more willing to engage with us to two audits or surveys examining of Web 2 .0 technology can give the address privacy issues there is public sector compliance with the public greater access to government still a tendency for consultation to Information Privacy Act . We will be information and processes, the occur late, when it is much more focussing on how to more effectively challenge is how to do this and at difficult for privacy protections to raise awareness in the Culturally and the same time protect the personal be included, especially in large Linguistically Diverse and Indigenous information government collects, often technology projects . In the area communities to ensure people in compulsorily . At the Commonwealth of legislative proposals it is often those communities understand their 2009–10 2009–10 level it has been proposed that too late to effect change . It is rights and can access our services . personal information be de-identified . particularly disappointing when Our new updated website will be However de-identification is, in there is no consultation at all on completed and launched . Our annual report practice, difficult to achieve and legislative proposals that clearly website is a vital part of how we raise resource intensive . Privacy Victoria impact significantly on privacy . awareness both within the Victorian will continue to engage with all levels A notable example of this is the public sector and the general public . of government to ensure privacy Summary Offences and Control During Privacy Awareness Week issues are recognised and effectively of Weapons Act Amendments Bill this year we launched an online quiz addressed . 2009 and the Control of Weapons (see page 36, 38) designed to assist Amendment Bill 2010 .4 In spite people check their risk for identity The topic of Web 2 .0 technology of the significant impact on theft . This was a joint initiative of inevitably leads to a discussion about privacy these Bills involved, there the Asia Pacific Privacy Authorities children and young people and their was no consultation before they (see page 28-30), of which Privacy approach to privacy . Children and were introduced into Parliament . Victoria is a member . We will be young people have grown up with Even – or perhaps especially further promoting this tool, in part to social networking sites and mobile – when proposed legislation promote privacy with seniors . phones . It is often said (wrongly in my is controversial and is going view) that young people don’t care to severely impact on privacy, My thanks to Privacy Victoria staff about privacy, since they disclose so there is no reason not to consult . and contractors for their ongoing much information about themselves . Consultation may produce a better commitment to the work of this One of the functions of this office is outcome for Victorians in achieving office . To quote the Hon . Michael to promote personal privacy . How an appropriate balance between Kirby again, “For a small agency, better to do this than with young privacy and other public interests .

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