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/

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-----Original Message-----
From: Philip Baigent <[FOI #10600 email]>
Sent: Tuesday, 22 August 2023 12:27 AM
To: Freedom of Information Requests <[email address]>
Subject: Freedom of Information request - Collection of sensitive personal information of staff relating to sexual preferences or practices.

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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:

http://www.comlaw.gov.au/

2

Detailed information on privacy and the APPs is available on the Office of the

Australian Information Commissioner’s website: http://www.oaic.gov.au/.

This document is available to the public through ANSTO’s website:

http://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

(http://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/.

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OFFICIAL

hide quoted sections

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

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