The Adelaide City Council (“the Council”) is committed to maintaining a culture that respects each individual’s right to privacy.
Collection of Personal Information
The Council will not collect personal information unless:
(a) The personal information is collected for a lawful purpose directly related to a legislative function or power of the Council;
(b) Collection of the personal information is necessary for or directly related to that purpose; and
(c) Explicit permission has been given by the person whose personal information is being collected.
The personal information that may be collected will depend on the particular purpose for which it is collected, and may include but is not limited to:
Name and addresses (postal, residential and e-mail addresses);
Age and/or date of birth;
Property ownership and/or occupier details;
Details of resident’s/ratepayer’s spouse or partner;
Development applications, including plans or specifications of buildings;
Electoral roll details;
Pensioner / concession information;
Financial, rental or income details;
Details of land valuation;
Preferred addresses and methods of contacts;
Details of employment; and
All personal information that the Council is legislatively required or permitted to collect will be collected in a fair and lawful manner.
All personal information that is collected by Council for the purposes of research will be treated within the Market and Social Research Privacy Principles.
The Council will take reasonable steps to inform person whose personal information it collects:
(a) Of the purpose(s) for which the personal information is being collected;
(b) If the collection of the information is authorised or required by law, that the collection is so authorised or required; and
(c) In general terms, of its usual practices with respect to the use and disclosure of personal information of the kind collected.
The Council will take reasonable steps to ensure that personal information collected by it, is relevant to the purpose(s) of collection and is up to date and complete.
The Council will take reasonable steps to ensure that the collection of personal information by it does not unreasonably intrude upon an individual’s personal affairs.
The Council may collect information concerning persons from a number of private and public sector agencies, which may include, but is not limited to Transport SA, the State Electoral Office, Office of the Valuer General, SA Water, Telstra and from individual persons.
The Council will take reasonable steps to:
(a) Protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure; and
(b) Maintain its record keeping systems to ensure that all personal information collected is up to date, accurate and complete; and
(c) Ensure that any person who, on behalf of the Council, uses or discloses personal information held by the Council has appropriate authorisation to do so.
Where the Council collects personal information for a particular purpose, it will not use that personal information for any other purpose, unless:
(a) The Council first takes reasonable steps to obtain the consent of the individual concerned to use his or her personal information for that other purpose; or
(b) The Council believes on reasonable grounds that use of the information for that other purpose is necessary to prevent or lessen a serious or imminent threat to the life or health of the individual concerned or another person; or
(c) Use of the information for that other purpose is required or authorised by law; or
(d) Use of the information for that other purpose is reasonably necessary for the enforcement of the criminal law or of law imposing a pecuniary penalty; or
(e) The purpose for which the personal information is used is directly related to the purpose for which it was collected.
The Council will not disclose personal information it holds about a person to a third party, except where:
(a) A reasonable individual is likely to have been aware that his or her personal information would be disclosed in that way;
(b) The resident or ratepayer has consented to or made a written request for personal information to be provided to a third party;
(c) The personal information is provided for the purpose of distributing materials of and on behalf of the Council (for example: the provision of address data for use by a mailing service provider to post Rates Notices or other materials);
(d) The third party has been contracted by the Council to provide advice or services for the purpose of assisting the Council in providing benefits to persons (for example: State Electoral Office, Office of the Valuer General, insurers, legal service providers);
(e) The Council is required or authorised by law to disclose the personal information to a third party or to the public at large (for example, under the Freedom of Information Act);
(f) The resident or ratepayer has been advised of the Council’s usual practice of disclosing personal information to that third party or a third party of that type for a particular purpose and the disclosure is consistent with that purpose; or
(g) A public consultation submission has been received by Council. To enable transparency in consultation processes to occur, all public consultation submissions received by Council will become public documents and may be included in a report to Council which is also available to the public.
Where personal information is provided to the Council by a person “in confidence”, the Council will not disclose such information to a third party without the person’s consent, unless such disclosure is required or authorised by law (for example, applications made under the Freedom of Information Act).
The Council will take reasonable steps to:
(a) Contract only with third party service providers that are subject to the provisions of the Privacy Act and the National Privacy Principles; and
(b) Where the third party service provider is not subject to the provisions of the Privacy Act and the National Privacy Principles, enter into a Privacy Agreement that requires the third party service provider to comply with the provisions of this Policy relating to the collection, use, storage and disclosure of personal information supplied by the Council.
The Council may supply personal information about an individual to that individual as part of a standard communication or pursuant to a request made by the individual.
The Council does not accept any responsibility for any loss or damage suffered by a person because of their reliance on any personal information provided to them by the Council or because of the Council's inability to provide persons with any requested personal information.
The Council expects that persons will, before relying on any personal information the Council provides to them, first seek confirmation from the Council about the accuracy and currency of such personal information.
The Council assumes that personal information provided by persons or other persons is accurate, complete and up-to-date. It is the responsibility of persons to provide the Council with details of any changes to their personal information as soon as reasonably practicable following such change.
The Council will take reasonable steps, such as making appropriate deletions, additions and corrections, to ensure that personal information held by it is accurate, relevant, complete, up to date and not misleading.
A person may apply to the Council, in a form determined by the Council, to have his or her personal information amended so that it is accurate, relevant, complete, up-to-date and not misleading. Where the Council, on reasonable grounds, decides not to amend a resident’s or ratepayer’s personal information in the manner requested in the application, the Council will inform the person of its decision and the reasons for refusing to make the requested amendments. If requested by a resident or ratepayer, the Council will take reasonable steps to attach to a record containing that person’s personal information a statement provided by that person of the correction, deletion or addition sought.
A person who wishes to access personal information held by the Council must make a written application to the Freedom of Information Officer. An applicant will be required to pay an application fee as determined by the Freedom of Information Act 1991.
Subject to the provisions of this legislation, the Council may grant or refuse access to personal information at its discretion.
The Council recognises that there are certain documents, which may contain personal information, that the Council is legislatively required to make available for access by members of the public.
An application to access personal information will be dealt with within 30 days of receipt of the request. In certain circumstances, an applicant may be required to satisfy Council staff as to his or her identity.
A person’s name or address may be suppressed from the Council’s Assessment Record and Voters Roll where the Chief Executive Officer is satisfied that inclusion of the name or address on the Assessment Record and/or Voters Roll would place at risk the personal safety of that person, a member of that person’s family, or any other person.
Enquiries regarding suppression of personal information should be directed to Customer Services staff at the Customer Service Centre in the first instance.
(a) The individual has consented;
(b) The collection is required by law;
(c) The collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any person; or
(d) The collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
If the Council collects sensitive information about an individual in accordance with the provisions of this Policy, the Council will take reasonable steps to de-identify the information before the Council discloses it.
A person who has any concerns regarding how the Council handles personal information or requires further information should contact the Customer Services staff at the Customer Service Centre in the first instance.
If the person’s concerns can not be satisfied, the person may lodge a formal complaint, under the Corporate Complaint Handling Policy & Procedures or the Grievance Policy & Procedure
Customer Service Centre
25 Pirie Street
Adelaide SA 5000
Telephone: (08) 8203 7203
Freedom of Information requests should be addressed to:
Freedom of Information Officer
Adelaide City Council
GPO Box 2252
ADELAIDE SA 5001