Collection of sensitive personal information of staff relating to sexual preferences or practices.
Dear Australian Nuclear Science and Technology Organisation,
Attached is the ANSTO Privacy Policy from the start of 2014, taken from your \website at that time.
As seen in the Privacy Policy under the section "What kind of personal information do we collect and hold" it states that sensitive information ANSTO collects and holds includes (4) "information contained in personnel records including about a staff member's physical and mental health, racial or ethnic origin, criminal convictions and in some instances, sexual preferences or practices".
While it is also noted that ANSTO's current Privacy Policy, does not refer to collecting and holding a staff member's sexual preferences or practices, at least sometime prior to 2014 this information was collected and held by ANSTO according to their Privacy Policy..
Pursuant to the provisions of the FOI Act 1982 (Cth) requested is:
-records that explain the circumstances in which a staff member's sexual preferences or practices are collected and held at that time.
-records that specifically document how, at that time, information regarding a staff members sexual preferences or practices was collected and the protocols in place that where instituted to further limit the access to this highly sensitive information.
-records that provide any protocols as to the further distribution and/or steps taken to limit distribution of information relating to sexual preferences and practices.
-records that document why information of staff sexual preferences and practices was previously collected and held but is not now.
-records that specify the procedures in place if information relating to sexual practices involved illegal activities.
Yours faithfully
Philip Baigent
PRIVACY AT THE AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY
ORGANISATION
Contents
Overview 1
Why do we collect personal information? 2
How do we collect personal information? 2
Personal information you give to us 2
Personal information we collect from other sources 2
What kind of personal information do we collect and hold? 3
Can you deal with us anonymously or pseudonymously? 4
How we deal with unsolicited information 4
Do we use your personal information for marketing purposes? 5
Do we send your personal information overseas? 5
How do we manage personal information of potential, current and former staff? 5
How do you access and correct your personal information? 7
How do you make a complaint about our privacy practices? 8
Overview
This document describes how the Australian Nuclear Science and Technology
Organisation (ANSTO) protects and handles personal information, including
sensitive information, in accordance with its obligations under the Privacy Act 1988
(Cth)(Privacy Act) and the Australian Privacy Principles (APPs).
In particular, it explains:
why and how we collect your personal information
the kinds of personal information we collect
how your personal information is used
when and with whom we share your personal information
how we keep your personal information secure
how you can access and seek to correct your personal information
how to make a complaint about ANSTO’s privacy practices.
In this document, personal information and sensitive information has the meaning
given to it in the Privacy Act, which is available on the Comlaw website available at:
www.comlaw.gov.au
2
Detailed information on privacy and the APPs is available on the Office of the
Australian Information Commissioner’s website: www.oaic.gov.au.
This document is available to the public through ANSTO’s website:
www.ansto.gov.au.
Why do we collect personal information?
We collect personal information to perform our functions and activities as set out in
the Australian Nuclear Science and Technology Organisation Act 1987 (Cth). These
functions and activities include:
to undertake research and development in relation to nuclear science and
nuclear technology;
produce and use radioisotopes, isotopic techniques and nuclear radiation for
medicine, science, industry, commerce and agriculture;
provide advice to government and undertake international liaison in nuclear-
related matters; and
make available (on a commercial basis where appropriate) facilities, equipment
and expertise for research in nuclear science and technology.
More information on what ANSTO does is available on our website at
http://www.ansto.gov.au/AboutANSTO/WhatA...
How do we collect personal information?
In general, we collect your personal information directly from you when you deal with
us by telephone, letter, email, face to face contact or through our website
(www.ansto.gov.au) where it is reasonably necessary for, or directly related to, our
functions or activities.
Personal information you give to us
For example, we collect your personal information directly from you when you enter,
or apply for access to, ANSTO. We also collect your personal information directly
from you if you apply through our website for a position at ANSTO.
We will not collect sensitive personal information about you unless you consent and
the information is reasonably necessary for one or more of our functions or
activities. For example, if you are employed at ANSTO, we will not collect health
information from you unless it is reasonable necessary for, or related to, your
employment.
Personal information we collect from other sources
Sometimes we also obtain your personal information from third parties, such as
other Australian government agencies or health related entities. For example,
ANSTO collects the initials, date of birth and sex of nuclear medicine patients in
Australia. This information is included as part of documentation provided to ANSTO
by the health related entity. The collection of this information is required by the
3
Therapeutic Goods Administration, and is provided to the Australian Radiation
Protection and Nuclear Safety Agency (ARPANSA) as part of the process for issuing
radioactive import permits.
We will only collect personal information from other sources with your consent, or if
it is impracticable or unreasonable to obtain the information directly from you.
If we do collect your personal information from another source, we will take
reasonable steps to ensure that you are notified:
that we collected your personal information from another source;
what we will do with the information;
of any other person or body to whom we may share or disclose the information.
We may also collect sensitive personal information in accordance with the
exceptions contained in APP 3.4 of the Privacy Act. For example, if the collection is
required or authorised by or under an Australian law or by a court or tribunal order.
What kind of personal information do we collect and hold?
The types of personal information we collect and hold will depend on the function or
activity being undertaken. Examples of personal information that we collect and hold
include:
name, email address and citizenship of users of, and visitors to, the OPAL
neutron beam facilities. This information is collected to assist us to organise site
access and to keep ANSTO security personnel apprised of expected visitors
and users
name, position, work address, email address and contact telephone numbers of
ANSTO customer contacts
name, email address and contact telephone numbers of persons who make
complaints about ANSTO and its operations name, date of birth, address,
citizenship, immigration status, academic qualifications, credentials, references,
photographs, professional memberships and employment histories of our staff1
and visiting scientists. Staff personal information is discussed further below.
name, email address and telephone number for tenants at ANSTO’s Lucas
Heights facility to facilitate the lease arrangements and enable security access
to the site.
Examples of sensitive information we collect and hold include:
health information, including medical, of our staff
health information, including initials, date of birth and sex, of nuclear medicine
patients
References to ANSTO staff includes former, current, permanent, temporary and
prospective staff.
4
information contained in personnel records including information about a staff
member’s physical and mental health, racial or ethnic origin, criminal
convictions and, in some instances, information contained in personnel records including information about a staff member’s physical and mental health, racial or ethnic origin, criminal convictions and, in some instances, sexual preferences or practices.
.
Can you deal with us anonymously or pseudonymously?
To provide you with access to our facilities or a service, or to deal with your
employment application, we will need to collect your name, contact details and other
personal information.
Where it is practicable, you may choose to remain anonymous or adopt a
pseudonym when dealing with us. For example, you may choose to use a
pseudonym to make an enquiry or provide feedback about ANSTO using our online
forms. Alternatively, you may choose to anonymously telephone ANSTO to make an
enquiry or provide feedback. However, the extent to which we may be able to
respond or assist may necessarily be limited.
How we deal with unsolicited information
If you send us your personal information when we don’t ask for it (unsolicited
personal information), we will determine whether or not the information is related to
one or more of ANSTO’s functions or activities. If the information is not relevant to
what we do, we may destroy or de-identify the personal information if it is lawful and
reasonable to do so.
How do we use and disclose your personal information?
We use and disclose your personal information for the particular purpose for which it
was collected. For example, personal information collected when a person applies
online to visit the Bragg Institute is used to manage access to ANSTO’s OPAL
neutron beam facilities and instruments. Similarly, names, addresses and the date
of birth of individuals who apply to visit ANSTO’s Lucas Heights facility may be
disclosed to the AFP to enable security checks before the individuals are approved
to visit the facility.
Sometimes we may use and disclose your personal information for purposes that
are related to the primary purpose. For example, for statistical reporting or
conducting customer surveys.
We may also use your personal information for a purpose related to the purpose of
collection, where you would reasonably expect that your information would be used
for this other purpose. For example, if you are an ANSTO customer, or work for an
ANSTO customer, we may use your email address to keep you informed of changes
to services that you presently receive, or to similar or related services. We may also
use or disclose your personal information for another purpose permitted by the
Privacy Act and the APPs, including where:
you provide consent;
we are required or authorised by or under an Australian law or a court or
tribunal order;
5
a permitted general situation exists as defined by the Privacy Act;
a permitted health situation exists as defined by the Privacy Act;
we reasonably believe that the use or disclosure is reasonably necessary for
regulatory or enforcement related activities conducted by, or on behalf of, a
regulatory enforcement body.
We will not use your sensitive personal information for another purpose unless it is
directly related to our functions and activities.
Do we use your personal information for marketing purposes?
Ordinarily, we do not use your personal information for marketing purposes.
However, in some circumstances, we may use or disclose your personal information
for the purposes of direct marketing. Where information is used for marketing
purposes, collection will be in compliance with the Privacy Act and we will always
provide a simple means by which you can request not to receive direct marketing.
Do we send your personal information overseas?
It may be necessary for us to send personal information overseas, for example
revealing security clearance status to an overseas government, upon request, if
ANSTO personnel are travelling for work purposes. We may also send personal
information to an overseas government that relates to the staff of that government
who have visited an ANSTO facility.
However, before sending personal information overseas, we will take reasonable
steps to ensure that the recipient will not breach the APPs. Otherwise, we will obtain
your express consent to the disclosure.
How do we manage personal information of potential, current and former
staff?
When you apply for a position with us, or if you are a former or current staff member
of ANSTO, we will need to collect and deal with your personal information.
When you submit an employment application, we collect personal information
included in your application and curriculum vitae (resume) such as your contact
details, employment history and immigration status. If it is relevant to the position,
we may also collect sensitive information such as information about your health or
details of your racial or ethnic background, with your consent.
When we process your application, we may need to collect and disclose your
personal information to third parties where it is not reasonable or practicable for us
to collect the information directly from you. We will seek your consent before we do
so. For example, we will contact your referees to discuss your academic and
employment history and suitability for the position.
If you are selected as the successful applicant, we will collect personal information
from you as part of security and medical assessments with your consent. We will
collect sensitive information about your health, and may also collective sensitive
6
information about any criminal record to assess your suitability to maintain a valid
security clearance. You may also be asked to complete a security assessment with
the Australian Government Security Vetting Agency (AGSVA). You will provide
information directly to AGSVA and the results of the assessment will be collected by
ANSTO.
As part of your employment, we will maintain a personnel record for you.
Information maintained as part of this record includes:
name, date of birth, address, citizenship, immigration status, academic
qualifications, credentials, references, photographs, professional memberships
and employment history;
passport details of staff required for overseas travel;
recruitment, contracts and conditions of employment records;
personal security file including criminal record check and any adverse security
assessments;
payroll and administrative information of ANSTO staff such as administrative
information are tax file numbers, declarations of pecuniary interests, next of kin
details, workers’ compensation claims;
records relating to attendance, overtime and leave including medical
certificates;
performance appraisals and records relating to personal development and
training;
logs detailing your access to ANSTO facilities, ANSTO computers and the sites
that you have visited on the internet;
medical and dental records including details of accidents and injuries, and
compensation and rehabilitation case files;
records of complaints and grievances and recommendations for honours and
awards.
We will store your personal information securely. Your personal information will only
be accessible by persons with a business need including human resources staff.
If you are a current or former staff member of ANSTO and wish to obtain your
personal information, there are existing processes in place to facilitate access
without the need to make a Privacy Act or FOI Act application. Please contact
ANSTO Human Resources on 9717 3111 before submitting a formal request for
information under the Privacy Act process or the FOI Act.
How we keep your personal information secure
ANSTO uses a range of physical and electronic security measures to protect
personal information from misuse and loss and from unauthorised access,
modification or disclosure. For example, we restrict physical access to our offices
7
housing personal information, utilise safes, vaults and lockable cabinets, secure
databases, permission restrictions and password protection.
Emails you send to us are screened by our email security systems and may be
viewed by authorised ANSTO information technology personnel for security or other
official purposes.
How do you access and correct your personal information?
You have a right to request access to your personal information and to request its
correction.
Upon request or pursuant to the Privacy Act, we will provide you with access to your
personal information or take reasonable steps to correct your personal information
to ensure that it is accurate, up-to-date, complete, relevant and not misleading,
subject to any applicable exceptions under the Privacy Act.
To obtain access or seek correction of your personal information, you should make
a request through one of the following means:
sending a letter to:
Privacy Contact Officer (Building 25)
Australian Nuclear Science and Technology Organisation
Locked Bag 2001
Kirrawee DC NSW 2232
sending an email to our Privacy Contact Officer at [email address]
telephoning (02) 9717 3111 and making your request to the Privacy Contact
Officer or
visiting ANSTO reception at our Lucas Heights campus
Your request should state that you are seeking access to or correction of personal
information in accordance with the Privacy Act, specify the information you are
seeking or correcting and provide your contact details including an email address or
mailing address.
Before providing access to or correcting your personal information, we may require
you to verify your identity. You will not be charged for lodging a request to access or
correct your personal information.
In general, we will respond to your request within 30 days of the request being
made. If access or correction is refused, we will provide you with a written notice
setting out the reasons for the refusal and information about how you can make a
complaint. If your correction application is refused, we will take reasonable steps to
associate a statement with your personal information which provides that you
believe that your personal information is inaccurate, out-of-date, incomplete,
irrelevant or misleading.
8
We have a separate policy that describes how we handle requests for information or
amendment or annotation requests made under the Freedom of Information Act
1982 (Cth). Our Freedom of Information Policy is available at:
http://www.ansto.gov.au/AboutANSTO/About...
How do you make a complaint about our privacy practices?
If you have a concern about the way in which ANSTO handles your personal
information and wish to make a complaint, contact ANSTO’s Privacy Contact Officer
(contact details below).
Under the Privacy Act, the Information or Privacy Commissioners have the power to
investigate complaints or acts or practices that may be a breach of privacy even if
there is no complaint. If you have made a complaint to us about an ANSTO practice
that you think amounts to an arbitrary or unreasonable interference with your
privacy; and you do not believe that the matter has been resolved satisfactorily, you
should either write to the Privacy Commissioner setting out the details of the
practices which you think interfere with your privacy, or telephone the Privacy
Hotline (below).
If you wish, you may make a complaint directly to the Privacy Commissioner rather
than to ANSTO. In most cases, however, it is likely that the Privacy Commissioner
would refer you to ANSTO, in the first instance, to see if your complaint can be
resolved without requiring the involvement of the Commissioner.
Further information
To find out more about how ANSTO manages personal information, contact:
ANSTO Privacy Contact Officer
Tel: (02) 9717 3111
Fax: (02) 9543 5097
For more general information on the Privacy Act and the APPs:
Visit the website the Office of the Federal Privacy Commissioner
Contact the Privacy Hotline 1300 363 992 (local call charge).
We will, from time to time, review and revise this Privacy Policy. We reserve the
right to amend this policy at any time and any amendments will be notified by
posting an updated version on our website at http://www.ansto.gov.au.
Dear Dr Baigent
We acknowledge receipt of your FOI request.
Section 15 of the Freedom of Information Act 1982 (FOI Act) requires ANSTO to process your request no later than 30 days after the day the request is received. Your FOI request was received by ANSTO on 22 August 2023. This means that the current decision due date for your request is 21 September 2023.
The due date may be extended in certain situations. Section 15(6) of the FOI Act allows us a further 30 days in situations where we need to consult with third parties about certain information, such as business documents or documents affecting their personal privacy. Further sections 15AA and 15AB of the FOI Act allow for extensions of time by consent or Order of the Office of the Australian Information Commissioner. We will advise you if the timeframe for your request is extended.
Documents released under the FOI Act may be published online on our disclosure log, unless they contain personal or business information that would be unreasonable to publish.
We will consider your request and be back in touch if we need further information, need to undertake a request consultation process in accordance with section 24AB of the FOI Act, or if charges will apply to processing the request.
Sincerely
FOI Administrator
Email [ANSTO request email]
Web http://www.ansto.gov.au/
Important: This transmission is intended only for the use of the intended addressee. It is confidential to the intended addressee and may contain privileged information and or copyright material. If this email is not intended for your attention, any use, printing, storage, reproduction or further disclosure of this communication (including all attachments) is strictly forbidden. If you have received this transmission in error, please notify me by telephone or email and immediately delete all copies of this transmission as well as any attachments.
Dear Dr Baigent
Please find attached decision of Laura Funke made on 19 September 2023 in
response to your request dated 22 August 2023.
Sincerely
FOI Administrator
Email [1][ANSTO request email]
Web [2]www.ansto.gov.au
OFFICIAL
References
Visible links
1. mailto:[ANSTO request email]
2. http://www.ansto.gov.au/