Introduction

 

This policy outlines the privacy policy of Star News Group Pty Ltd (“Star News Group”) on how it uses and manages personal information provided to or collected by it with respect to readers, customers, advertisers, employees and other individuals with whom Star News Group has contact.  The policy has been drafted after an evaluation and audit of Star News Group’ information handling systems and is designed to meet Star News Group’ obligations under the Privacy Act.

 

Star News Group may, from time to time, review and update this Privacy Policy, particularly to take account of new laws and technology, changes to Star News Group’ operations and practices and to make sure that it remains appropriate to the organisation and the community.

 

Individual privacy is important to us and we aim at all times to handle information responsibly.  As a media organisation, we handle a very large quantity of personal information and it is critical to the quality of our operation and our position in the community that this information is handled appropriately.

 

 

National Privacy Principles

 

The Privacy Act states that personal information should be handled in accordance with ten National Privacy Principles.  This policy sets out in general terms information should be handled by Star News Group and refers to some specific situations.  Where a particular situation is not covered by this document, regard should be had to the National Privacy Principles.  The National Privacy Principles may be summarised as follows:

 

1.      Collection

 

An organisation should only collect personal information which is necessary for one or more of its functions.  Information must be collected in a way which is lawful, fair and not unreasonably intrusive and an organisation must disclose certain information at the time of or before collecting personal information.  Organisations should only collect personal information about individuals directly from the individual concerned.

 

2.      Use and disclosure

 

An organisation may not use or disclose information for a purpose other than the primary purpose for which it was collected, except

·        where the individual has consented

·        where the purpose is related to the main purpose for which the information was collected, and it would have been reasonable to expect that the information would be used in that way

·        where the information is used for direct marketing purposes (subject to certain conditions).

 

3.      Data quality

 

An organisation must take reasonable steps to ensure the accuracy and currency of personal information in its possession.

 

4.      Data security

 

An organisation must take reasonable steps to prevent information from being misused and lost and from unauthorised access, modification or disclosure.  Information which is no longer needed should be destroyed or de-identified.

 

5.      Openness

 

An organisation must have documented, accessible policies (such as this one) about the management of personal information.  An organisation must inform a person, upon request, of the sort of personal information that it holds, the purposes for which it is held and how the information is collected, stored, used and disclosed.

 

6.      Access and correction

 

An organisation must provide individuals with access to personal information held about the individual and have processes for the correction of the information at the request of the individual.

 

7.      Identifiers

 

Generally an organisation may not use for its own purposes identifiers assigned by government agencies (such as tax file numbers and medicare numbers)

 

8.      Anonymity

 

Unless unlawful or impractical, individuals must be given the option of not identifying themselves when transacting with an organisation.

 

9.      Transborder information flows

 

Where information is transferred outside of Australia, effective privacy and security of information must be ensured.

 

10. Sensitive information

 

Other than in exceptional circumstances, an organisation is not permitted to collect sensitive information.

 

 

Privacy information statement

 

As soon as practicable at or before the time of collecting personal information, Star News Group should provide a Privacy Information Statement as appropriate in one of the following forms:

 

·        Readers’ Information Statement – this is a statement designed for readers of the newspapers, visitors to Star News Group’ website and other people in the community.

 

·        Customer Information Statement -  this is a statement designed for advertising account holders and individuals who wish to enter advertising contracts with Star News Group.

 

 

Direct Marketing

 

Personal information may be used for the purposes of direct marketing to potential advertisers and other individuals to whom Star News Group may provide a service.  Any individual who is contacted for direct marketing must have the opportunity to “opt out” or elect not to receive future contact.

 

Where direct marketing takes place by telephone, an operator should ask whether the individual wishes to opt out of receiving calls in the future.  Where direct marketing is conducted by mail, it should include clear instructions on how to opt out of future mailings.

 

A register is maintained of those individuals or businesses who have elected not to receive further direct marketing contact and this register should be consulted to ensure that these individuals or businesses are not contacted.

 

 

Security of information

 

Star News Group employees are authorised to access personal information held by Star News Group as appropriate and necessary for them to perform their job.  Access shall not be provided to an employee who is not authorised to access a specific category of information.

 

The standards of security of information reflect the sensitivity of the category of information.  Wherever possible, personal information is stored carefully, so as not to allow incidental or accidental access by unauthorised individuals.

 

 

Accuracy of personal information

 

Star News Group and its representatives should take all necessary steps to ensure that information held by Star News Group is correct and up to date.  When dealing with individuals or businesses who transact with Star News Group infrequently or intermittently, personal information should be verified and amended at the time of the initial contact.

 

 

Disclosure of information to third parties

 

All personal information held by Star News Group should be treated with respect and with appropriate security.  Personal information collected by Star News Group should not be provided to third parties except in the following situations:

·        the individual has specifically authorised in writing that the information may be provided to the third party.  Where the disclosure has been authorised, Star News Group should keep a copy of the authorisation.

·        The information is provided to a third party for a purpose connected to the primary purpose for which the information was collected, including:

·        `To recovery agents for the purposes of enforcing unpaid accounts

·        To a distribution agent for the purposes of responding to a reader complaint

·          the information is required to be provided for other purposes including the following:

·        To a legal practitioner for the purposes of conducting legal proceedings

·        Where the information is required by court order to be disclosed

·        Where the information is required by the police or other agency for the purposes of investigating a crime.

 

If an employee is unsure whether information should be disclosed to a third party, he or she should consult with management.

 

 

Access to information

 

An individual is entitled to access information held by Star News Group about him or her.  Where the information requested is routine (for example about contact details) then both the request and the provision of information may occur verbally or in whatever form is most convenient to expedite the provision of information.

 

Where the information requested is lengthy, complex or time-consuming for Star News Group to provide, a request must be made in writing.  The request must specify the particular information sought with sufficient details to enable the information to be located.  An administrative charge may apply when Star News Group allows access to this type of information.  Star News Group should inform the individual or business at the time of the request of an estimate of the administrative charge and may require that the individual provide a deposit not exceeding the estimated administrative charge prior to providing the information.

 

Star News Group may refuse to provide access to certain information where:

 

·        Providing access would provide a serious threat to the life or health of any individual

·        Providing access would have an unreasonable impact on the privacy of other individuals

·        The request is frivolous or vexatious

·        The information relates to existing or anticipated legal proceedings and would not be required to be disclosed in the course of those proceedings

·        The information relates to ongoing negotiations between Independent and the individual or business and would prejudice those negotiations

·        Providing access would be unlawful

·        Denying access is required or authorised by law

·        The information is relevant to a investigation of a criminal offence

·        The information is commercially sensitive

 

Where a request for access to information may fall into one of these categories, Star News Group will require that the request be made in writing with appropriate details to enable Star News Group to identify the requested information.  Where Star News Group refuses to provide access to information after a request, it will inform the individual of its decision within a reasonable period of time and will set out the reasons for the refusal to provide the information.

 

 

Maintaining personal information

 

Star News Group is required to keep a record of personal information only as long as is necessary or required by law.  Where an individual or business has ongoing contact with Star News Group, relevant information and records will be maintained.  Where an individual or business has ceased to transact with Star News Group, information will be retained for a reasonable period as required by law.

 

Information held by Star News Group will be subject to regular review and assessment as to whether it is necessary that Star News Group maintain a record of the information.

 

 

Employee records

 

Records relating to past and current employees are treated with appropriate care and confidentiality.  Access to these records is only permitted by specified authorised individuals.

 

Employees are not entitled to view employment records relating to their employment, but Star News Group may at its complete discretion allow an employee access to particular information contained in his or her employee records.

 

Information about prospective employees whether solicited or unsolicited is maintained in a secure manner.  Unsuccessful applicants for employment should be informed that their personal information may be retained by Star News Group in case of future employment opportunities. 

 

 

 

Anonymity

 

Individuals should have the option of transacting with Star News Group  anonymously where this is feasible, such as in contact from readers.  Individuals who choose to transact with Star News Group should be advised of the consequences of doing so, for example that any complaints or concerns may not be able to be actioned.

 

 

International transactions

 

It is not anticipated that personal information will be sent or disclosed to an organisation outside of Australia.  In the event that an international transaction is proposed or expected, Star News Group should immediately seek advice about its obligations in relation to information handling.

 

 

Sensitive Information

 

Sensitive personal information includes information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health records.

Sensitive information should only be collected where an individual has consented to the collection or the collection is required for legal, safety or public policy reasons.

Where information is provided in an unsolicited form, Star News Group should treat such information with the utmost sensitivity and confidentiality.  If it is not necessary for Star News Group to retain the information, it should be destroyed.  If it is necessary for Star News Group to keep a record of the information, it should only be accessible by those who require access to the information.

 

Disputes or questions about personal information

Where any aspect of this policy is unclear or where a situation arises which is not addressed by this policy, the matter should be referred to the managing director for further consideration or determination.

 

 

Information collected in the course of journalism

 

Information collected in the course of journalism is handled differently from the information that Star News Group collects for other purposes.  The Privacy Act states that the handling of this information does not need to comply with the National Practice Principles.  However, Star News Group is still committed to the highest standards of information management and has pledged to handle this sort of information according to the following standards:

 

 

 

The Privacy (Private Sector) Amendment Act came into effect in December 2001. It exempts from its ambit acts by media organisations in the course of journalism when the organisation is publicly committed to observing a set of privacy standards. The Australian Press Council has, in conjunction with its Constituent Members, developed such a set of standards. These procedures apply to those media organisations listed in the Schedule. Complaints arising from them can be made on the Council's on-line complaints form.

 

Background

 

Underlying Principles

 

Principle 4 of the Press Council's Statement of Principles states, with respect to privacy:

 

News and comment should be presented honestly and fairly, and with respect for the privacy and sensibilities of individuals. However, the right to privacy is not to be interpreted as preventing publication of matters of public record or obvious or significant public interest. Rumour and unconfirmed reports should be identified as such.

 

The need to balance respect for privacy with standards that recognise freedom of speech and of the press is recognised by the Privacy Act 1988. The Privacy Act provides an exemption for acts done or practices engaged in by a media organisation in the course of journalism, if the media organisation is publicly committed to observing standards that deal with privacy in the context of the activities of a media organisation, and those standards have been published in writing either by the organisation or a body representing a class of media organisations.

These Standards deal with privacy in the context of the activities of media organisations. They elaborate on the Press Council's Statement of Principles, and are published by the Press Council for the purposes of the Privacy Act exemption.

 

Application of these Standards.

 

These Standards apply to 'personal information', which is information or an opinion (including forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained from the information.

These Standards also recognise, as does the Privacy Act, that the media have a duty to inform the public on matters of significant public interest. For the purposes of these Standards, 'public interest' is defined as involving a matter capable of affecting the people at large so they might be legitimately interested in, or concerned about, what is going on, or what may happen to them or to others.

The media organisations, and the relevant publications, which are committed to these Standards are listed in the Schedule.

 

1. Collection of personal information

 

In gathering news, journalists should seek personal information only in the public interest.

In doing so, journalists should not unduly intrude on the privacy of individuals and should show respect for the dignity and sensitivity of people encountered in the course of gathering news.

In accordance with Principle 5 of the Council's Statement of Principles, news obtained by unfair or dishonest means should not be published unless there is an overriding public interest. Generally, journalists should identify themselves as such. However, journalists and photographers may at times need to operate surreptitiously to expose crime, significantly anti-social conduct, public deception or some other matter in the public interest.

Public figures necessarily sacrifice their right to privacy, where public scrutiny is in the public interest. However, public figures do not forfeit their right to privacy altogether. Intrusion into their right to privacy must be related to their public duties or activities.

 

2. Use and disclosure of personal information

 

Personal information gathered by journalists and photographers should only be used for the purpose for which it was intended.

A person who supplies personal information should have a reasonable expectation that it will be used for the purpose for which it was collected.

Some personal information, such as addresses or other identifying details, may enable others to intrude on the privacy and safety of individuals who are the subject of news coverage, and their families. To the extent lawful and practicable, a media organisation should only disclose sufficient personal information to identify the persons being reported in the news, so that these risks can be reasonably avoided.

 

3. Quality of personal information

 

A media organisation should take reasonable steps to ensure that the personal information it collects is accurate, complete and up-to-date.

4. Security of personal information

 

A media organisation should take reasonable steps to ensure that the personal information it holds is protected from misuse, loss, or unauthorised access.

 

5. Anonymity of sources

 

All persons who provide information to media organisations are entitled to seek anonymity. The identity of confidential sources should not be revealed, and where it is lawful and practicable, a media organisation should ensure that any personal information which it maintains derived from such sources does not identify the source.

6. Correction, fairness and balance

In accordance with Principle 3 of the Council's Statement of Principles, where individuals are a major focus of news reports or commentary, the publication should ensure fairness and balance in the original article. Failing that, the media organisation should provide a reasonable and swift opportunity for a balancing response in the appropriate section of the publication.

A media organisation should make amends for publishing any personal information that is found to be harmfully inaccurate, in accordance with Principle 2 of the Council's Statement of Principles. The media organisation should also take steps to correct any of its records containing that personal information, so as to avoid a harmful inaccuracy being repeated.

 

7. Sensitive personal information

 

In accordance with Principle 8 of the Council's Statement of Principles, media organisations should not place any gratuitous emphasis on the categories of sensitive personal information listed in Principle 8, except where it is relevant and in the public interest to report and express opinions in these areas.

Members of the public caught up in newsworthy events should not be exploited. A victim or bereaved person has the right to refuse or terminate an interview or photographic session at any time.

Unless otherwise restricted by law or court order, open court hearings are matters of public record and can be reported by the press. Such reports need to be fair and balanced. They should not identify relatives or friends of people accused or convicted of crime unless the reference to them is necessary for the full, fair and accurate reporting of the crime or subsequent legal proceedings.

 

8. Complaints

 

The Council will receive and deal with complaints (see on-line complaint form) from person or persons affected about possible breaches of these Standards in the same way as it receives and deals with complaints about possible breaches of its Statement of Principles. Where the Council issues an adjudication in relation to these Standards, the publication concerned must prominently print the adjudication.

 

 

STAR NEWS GROUP PTY LTD (“Star News Group”)

Head office: Cnr Princes Hwy and Army Road Pakenham 3810

Phone (03) 5941 2666

 

Star News Group respects your privacy and is committed to complying with its obligations under the Privacy Act 1988 in the way that it collects, uses and discloses personal information.

 

Star News Group may collect personal information from you for the purposes of creating an account, providing advertising or publishing services, entering an advertising or publishing contract with you and managing your account.  Star News Group requires that you provide certain information about yourself or your business as a condition of extending you credit, providing you advertising or entering into an advertising contract.  If you do not provide full and accurate information when placing an advertisement, Star News Group may be unable to provide you with advertising services.

 

Star News Group is required to collect this information for the purposes of identifying the individual or party entering into a contract.  Star News Group may provide personal information to other organisations for the purposes of resolving outstanding accounts or other issues in relation to your advertise or publishing agreement.

 

Star News Group takes all possible steps to ensure that information held about you is complete, accurate and up to date.  You may ask to see information which is held about you.  You may request that Star News Group amend information which is incomplete or inaccurate.

 

Should you have any questions about Star News Group’ Privacy Policy, please contact us.

 

Star News Group PTY LTD (“Star”)

 

Star respects your privacy and is committed to complying with its obligations under the Privacy Act 1988 in the way that it collects, uses and discloses personal information.

 

Star may use personal information provided by you to ensure that it continues to provide readers with the best possible service and to address any questions you may have about our service.  Star does not otherwise collect personal information about its readers.

 

You may forward comments or questions about our service anonymously, but this may affect how effectively we are able to deal with any concerns you may have.  You may ask to see any personal information about you which is held by Star and help us to ensure that our records are accurate, complete and up to date.

 

If you have further questions about South News Group privacy policy, please contact:

Star News Group Pty Ltd Privacy Officer in writing to:
PO Box 9, Pakenham, Victoria 3810