Commonwealth and certain state privacy legislation (e.g. Information Privacy Act 2000) provides that personal information about individuals can be used, in specified circumstances, for a purpose other than the primary purpose of collection.
This may include the situation where Tenix Solutions uses or discloses personal information on behalf of a law enforcement agency.
A legislative framework (e.g. the Privacy Act 1988) may require Tenix Solutions first to form a reasonable belief that the use or disclosure sought is reasonably necessary. In considering this question, Tenix Solutions will regard the views expressed to it by the law enforcement agency concerned as a relevant consideration.
Some legislation (e.g. Information Privacy Act 2000) may provide for wider exemptions where a law enforcement agency believes on reasonable grounds that non-compliance is necessary for purposes of law enforcement.
Where Tenix Solutions acts under contract as an agent for a law enforcement agency, which exercises these exemptions, Tenix Solutions will also observe the exemptions.
These exemptions may relate, for example, to the collection of personal information, its use and disclosure, access to it and correction of errors the information may contain, certain personal identifiers, trans-border data flows and certain categories of personal information defined as sensitive.
The exercise of exemptions of this nature by a law enforcement agency may affect Tenix Solutions' privacy policies, but only to the extent necessary for the efficient performance of Tenix Solutions' functions and activities under contract to the law enforcement agency concerned.
Tenix Solutions collects only personal information that is necessary for its functions or activities. If Tenix Solutions cannot in practice effectively pursue a function or activity without collecting personal information, then that personal information will be regarded as necessary for that function or activity.
Tenix Solutions collects personal information only by lawful and fair means. Tenix Solutions excludes from its practices methods involving intimidation, deception, and other unethical means of collecting and using personal information.
In general, the types of personal information that Tenix Solutions collects, holds and uses relate principally to the issue of infringement notices and the payment of fines. These are the purposes for which the information is collected, held and used.
Except where a person has consented to a wider use, and except in the limited circumstances describe below relating to health, safety, unlawful activity and law enforcement, Tenix Solutions will use or disclose personal information only for the purpose it was collected.
Tenix Solutions may use personal information for a purpose other than that for which it was collected if the company:
a. reasonably believes that the use or disclosure of personal information is necessary to lessen or prevent:
· a serious and imminent threat to an individual’s life, health or safety; or
· a serious threat to public or public safety; or
b. has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter (e.g. employee fraud) or in reporting its concerns to relevant persons or authorities; or
c. reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
· the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or, where the Privacy Act 1988 applies, breaches of a prescribed law;
· the prevention, detection, investigation or remedying of seriously improper conduct or, where the Privacy Act 1988 applies, prescribed conduct;
· the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
Copies of this Privacy Policy are made available upon request to:
The Chief Privacy Officer
Tenix Solutions
Level 5, 277William Street
Melbourne, VIC, 3000
An individual with a privacy complaint should first complain to Tenix Solutions and provide Tenix Solutions with the opportunity to resolve the issue. All privacy complaints must come to Tenix Solutions through the Chief Privacy Officer.
Tenix Solutions will assist a person with an unsatisfied complaint identify the appropriate official, Federal or State, to whom the complaint should be referred.