Privacy Policy

Privacy and Confidentiality

Overview

Protecting the privacy of service users is extremely important and The Ella Centre is responsible for ensuring that all privacy and confidentiality requirements are met. This is done in the ways set out below.

The information held by The Ella Centre will only be that necessary to assess the need for a service and to provide a service. This is kept in written records on your personal care/client file. The information is confidential and is kept in a secure place. Some information about you is also kept on a password secure database.

All your information is confidential and is only disclosed, with your permission, for the purposes of ensuring you are receiving the service that you need or if it is required by legislative or legal obligations. If you give consent to release personal information about you to another service or another person, you can withdraw this consent at any time. You have the right to withhold information for privacy reasons.

You have the right to read any personal information about you kept by The Ella Centre. A request from you to access your file should be referred in writing to the Service Manager, who will assist you to access your file, within two weeks of your request and explain any terminology if required.

1. Policy

This policy has been adopted by The Ella Centre Board in order to comply with the requirements of the Privacy Amendment (Private Sector) Act No 155 of 2014. The policy should be read together with the National Privacy Principles (NPPs) set out in the Privacy Act (See Appendix 1.25c for NPPs).

The Ella Centre will comply with the NPPs. If there is any inconsistency between this policy and the NPPs, then the NPPs prevail.
The Ella Centre Executive Officer will act as the Privacy Officer.
The Ella Centre will only use personal information for the primary purpose for which it is collected. In most cases, the purpose will relate to the social, educational and administrative functions of the Organisation.
The Ella Centre will only use personal information about an individual for a secondary purpose (i.e. something beyond the scope of the primary purpose) if that individual has consented or the use is otherwise permitted by the NPPs.
The Ella Centre will take reasonable steps to keep personal information secure and will, subject to the NPPs, comply with any request from a person to correct or remove his or her information. The Ella Centre Executive Officer will be responsible for storing, correcting and giving people access to personal information collected about them.
Personal information collected by The Ella Centre may be sensitive information for the purpose of the NPPs (eg. Information about a person’s religious beliefs). As a non-profit organisation, The Ella Centre is permitted to collect sensitive information without a person’s express consent. However, The Ella Centre will endeavour to seek consent from a person if sensitive information is sought for something other than the primary functions of the Centre, described in paragraph 3.
The operating procedures (whether or not they are formalised in a manual) of the Organisation will comply with this policy and the NPPs.
The Ella Centre Chief Executive Officer, as the Privacy Officer, will be empowered to receive and deal with any complaint that the Organisation has not complied with this policy or the NPPs.

2. Procedure

2.1 Collection of personal information:

Personal information is information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Personal information collected will only be that which is necessary for the efficient and effective delivery of services.

When The Ella Centre collects personal information from an individual it must take reasonable steps at that time (or as soon as is practicable thereafter) to provide the individual with the following information:

(a) How to contact The Ella Centre

(b) The fact that he or she is able to gain access to the information held by The Ella Centre upon receipt by the Executive Officer of a written request

(d) The organisations (or types of organisations) to which The Ella Centre, with service user consent, usually discloses information and for what purpose

(e) Any law which requires the particular information to be collected by the The Ella Centre

(f)The main consequences (if any) for the individual if all or part of the information is not provided to The Ella Centre.

2.2 Collection of sensitive information

Sensitive information is information or an opinion about an individual’s:

Racial or ethnic origin
Health information
Religious beliefs or affiliations
Philosophical beliefs
Membership of a professional or trade association
Criminal record

The information referred to in 13.2.1 should also be provided to the individual at the point of collection of sensitive information or as soon as practicable thereafter.

2.3Secure storage of personal information:

After the personal or sensitive information is collected it should be securely stored. For information regarding the storage of personal information of service users see P&P 36. Personal or sensitive information regarding staff members will be securely stored by the Executive Officer, or Financial Administration Officer, who:

Has authority or control over the record in which the personal information appears.
Uses or discloses the personal information on a regular basis; or
Is responsible for the storage of the personal information.

Similarly, access to personal and sensitive information will be restricted to the Executive Officer or Financial Administration Officer who:

Has authority or control over the record in which the personal information appears.
Uses or discloses the personal information on a regular basis; or
are responsible for the storage of the personal information.

2.4 Request to access or correct personal or sensitive information:

The Executive Officer/Privacy Officer:

Should ensure that the person who has made the request is in fact the subject of the personal information.
Should consult National Privacy Principle 6 and determine whether or not an exception to access and correction applies. The National Privacy Principles can be obtained in Appendix 1.25c.
If it is established that the personal information is not accurate, complete and up-to-date, must take reasonable steps to ensure that the personal information is made accurate, complete and up-to-date.
If The Ella Centre and the individual are unable to agree on whether the personal information is accurate, complete and up-to-date then the Executive Officer must take reasonable steps to associate a statement with the personal information to the effect that the personal information is not accurate; and
Any changes for access must not be excessive.

2.5 Reasons why The Ella Centre collects personal information:

The Ella Centre collects personal information about individuals in order to fulfil its social, educational and administrative functions. For example, to determine if a person is eligible for a program it may be necessary to obtain his/her date of birth. (For details of sensitive issues, see the Operational Procedures for each program).

Once the person accesses The Ella Centre programs it is a requirement, with the service user’s consent, to forward statistics and data to the funding body. If the service user is unable to give consent, The Ella Centre will seek consent from the person responsible for the service user.

2.6 Use of personal information for secondary purposes

The Ella Centre’s policy is to confine its use of personal information to the primary purpose for which it was collected. This means The Ella Centre will primarily use personal information in order to fulfil its social, educational and administrative functions (the primary purposes).

The Ella Centre may use personal information for a secondary purpose (any purpose other than a primary purpose) if it has obtained the consent of the person concerned. If the person concerned is unable to give consent The Ella Centre will seek consent from the person responsible.

The Ella Centre will use personal information for a secondary purpose where consent is not required by the NPPs. Consent is not needed where the secondary use is related to the original purpose of collection, that is, to fulfil the social, and administrative functions of The Ella Centre and the person concerned would reasonably expect the information to be used for the secondary purpose.

2.7 Release of personal information to other organisations/persons

The Ella Centre’s policy is to confine its disclosure of personal information to the primary purpose for which it was collected. This means we will primarily disclose personal information in order to fulfil its social, educational and administrative functions (the primary purposes).

The Ella Centre may disclose personal information for a secondary purpose (any purpose other than a primary purpose) if it has obtained the consent of the person concerned.

The Ella Centre will disclose personal information for a secondary purpose where consent is not required by the NPPs. Consent is not needed where the disclosure is related to the original purpose of collection, that is, to fulfil the social, educational and administrative functions of The Ella Centre and the person concerned would reasonably expect the information to be disclosed for the secondary purpose.

The Ella Centre does not provide or sell personal information for the purposes of direct marketing.

2.8 Reasons for Collection of sensitive information

The Ella Centre collects sensitive information about individuals in order to fulfil its social, educational and administrative functions. For details of sensitive issues, see Operational Procedures for each program.

The Ella Centre’s policy is that where necessary, it will seek the consent of the person concerned before it collects, uses or discloses such information. The consent to collect use and disclose sensitive information should be in writing.

However, because The Ella Centre is a non-profit organisation it is permitted to collect sensitive information without consent where:

The sensitive information relates to members of The Ella Centre or to a person who has regular contact with The Ella Centre in connection with Ella activities; and
At or before the time The Ella Centre collects the sensitive information, The Ella Centre undertakes to the person concerned not to disclose the sensitive information without the person’s consent.

2.9 Use of sensitive information for a secondary purpose

The Ella Centre’s policy is to confine its use of sensitive information to the primary purpose for which it was collected. This means The Ella Centre will primarily use sensitive information in order to fulfil its social, educational and administrative functions.

The Ella Centre may use sensitive information for a secondary purpose (any purpose other than a primary purpose) it it has obtained the consent of the person concerned. If the person concerned is unable to give consent The Ella Centre will seek consent from the person responsible.

Consent to use sensitive information for a secondary purpose is not required where:

The secondary purpose is directly related to the primary purpose of collection; and
The individual would reasonably expect The Ella Centre to use the sensitive information for the secondary purpose.

2.10 Release of sensitive information to other organisations/persons.

The Ella Centre’s policy is to confine its disclosure of sensitive information to the primary purpose for which it was collected. This means The Ella Centre will primarily disclose sensitive information in order to fulfil its social, educational and administrative functions (the primary purposes).

The Ella Centre may disclose sensitive information for a secondary purpose (any purpose other than a primary purpose) if it has obtained the consent of the person concerned. If the person concerned is unable to give consent, The Ella Centre will seek the consent of the person responsible.

However, The Ella Centre will disclose sensitive information for a secondary purpose where consent is not required by the NPPs. Consent is not needed where the disclosure is:

Directly related to the original purpose of collection; and
The person concerned would reasonably expect the information to be disclosed for the secondary purpose.

CONTACT

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