Privacy

Effective Date: 6 October 2014 

The Privacy and Data Protection Act 2014 (PDPA) establishes Information Privacy Principles (IPPs) which guide the County Court in the collection and handling of certain personal information.

Information Privacy Principles (IPPs)

Schedule 1 to the PDPA contains the ten IPPs, as set out below: 

Principle 1: Collection
The County Court will only collect personal information where it is necessary for one or more of its functions.

Principle 2: Use and Disclosure
The County Court does not disclose your personal information unless you have consented to the use or disclosure, or except in circumstances where disclosure is authorised by law.

Principle 3: Data Quality
The County Court makes all reasonable efforts to ensure that the personal information it collects is complete and up-to-date.

Principle 4: Data Security
The County Court takes all reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure.

Principle 5: Openness
The County Court Privacy Policy is available to any person upon request.  On request, the County Court takes reasonable steps to let you know, generally, what sort of personal information it holds, for what purpose(s), and how it collects, holds, uses and discloses that information.

Principle 6: Access and Correction
You have a right to seek access to your personal information and makes corrections.  If the County Court holds personal information that you think is inaccurate, incomplete, or not up-to-date, the County Court will take reasonable steps to correct the information.

Principle 7: Unique Identifiers
A unique identifier is (usually) a number assigned to an individual in order to identify the person for the purposes of the organisation’s operations.  For example, a Tax File Number or Driver Licence number are unique identifiers.
The County Court will only assign a unique identifier to you, or ask you to provide a unique identifier, when it is necessary to enable the County Court to carry out any of its functions effectively.

Principle 8: Anonymity
The County Court gives individuals the option of not identifying themselves when entering into transactions with the Court, if it is lawful and feasible.

Principle 9: Transborder Data Flows
Personal information will only be transferred out of Victoria if the recipient protects privacy under standards similar to the Victorian IPPs.

Principle 10: Sensitive Information
The County Court does not collect sensitive information without your consent.
Sensitive information can be racial or ethnic origin, political views, religious beliefs, sexual preferences, memberships of groups, or criminal records.

Exemption Applies to the County Court

It should be noted that, pursuant to  section 10 of the PDPA, the County Court is generally exempt from the requirements of the Act as follows:

Nothing in this Act or in any Information Privacy Principle or any data security standard applies in respect of the collection, holding, management, use, disclosure or transfer of information –

(a) in relation to its or the holder’s judicial or quasi-judicial functions, by–
    (i) a court or tribunal; or
    (ii) the holder of a judicial or quasi-judicial office or other office pertaining to a court or tribunal in their capacity as the holder of that office; or

(b) in relation to those matters which relate to the judicial or quasi-judicial functions of the court or tribunal, by –
    (i) a registry or other office of a court or tribunal; or
    (ii) the staff of such a registry or other office in their capacity as members of that staff.

Although generally exempt under section 10, the County Court and its staff are required to comply with the PDPA in relation to administrative functions such as Human Resource functions.

For information about the Court’s practice and procedure with respect to Court Records, please refer to the Access to Court Records Policy.

Information

Requests for information in relation to the application of the Privacy and Data Protection Act 2014 in the County Court should be directed to information.services@countycourt.vic.gov.au 

Requests for information in relation to the operation of the a Privacy and Data Protection Act 2014 more generally, and any complaints can be made to the Victorian Privacy Commissioner:

  • Address:  Level 11, 10-16 Queen Street, Melbourne Victoria 3000
  • Postal address: GPO Box 5057, Melbourne Victoria 3001
  • Other contacts: 1300 666 444 or enquiries@privacy.vic.gov.au