This Privacy Statement sets out the LPI policy in relation to our privacy obligations to you. It also provides an overview of how we manage any personal information collected or stored by this agency. At LPI protecting your personal information is very important to us and to the way we serve you.
Legal requirements
As a NSW Government agency, LPI is subject to the provisions of the NSW Privacy and Personal Information Protection Act 1998 (PPIP Act) and the Health Records and Information Privacy Act 2002 (HRIP Act) and related regulations.
Personal information, as defined in the PPIP Act, means information (including information forming part of a database) about an individual whose identity is apparent or can reasonably be ascertained from the information. The PPIP Act contains provisions to safeguard your personal information, and recognises a balance must be achieved between the protection of privacy and legitimate community rights to information.
The PPIP Act establishes twelve information protection principles to protect your privacy and regulate how LPI manages your personal information. In summary these principles deal with:
- The collection of personal information.
- The storage and security of personal information.
- Checking the accuracy of personal information before using it and using it only for purposes relevant to LPI functions.
- Access to and correction of personal information.
- Disclosure of personal information.
Possible exemptions provided in the PPIP Act mean that in certain circumstances NSW public sector agencies do not have to comply with one or more of the Information Protection Principles. Examples include:
- Personal information used for law enforcement purposes.
- Personal information used for protection of the public revenue.
- Where lawfully authorised by another Act.
How we collect information
LPI will collect personal information, by lawful means, which is reasonably necessary for performing its functions.
We may collect personal information directly from you or an agent (solicitor, surveyor, etc) acting on your behalf, to the extent necessary to maintain public registers, meet associated statutory obligations, provide products or services, or to carry out our internal administrative operations.
We may also collect personal information when you deal with us over the telephone, ask us to contact you after visiting our web site, have contact with us in person, or ask us to provide you with, or give you access to, a particular service or product.
The type of personal information we collect from you may include name, address, date of birth, contact details (including phone, fax and e-mail) and information collected as a result of you using or acquiring particular products or services.
How we store and secure your personal information
LPI takes reasonable steps to protect your personal information from loss, misuse, unauthorised disclosure or destruction.
We have in place generally accepted standards of technology and operational security in order to keep your personal information safe.
LPI code of conduct and information security policies prohibit employees looking at, recording, or disclosing personal information about you except in the performance of their duties.
Website security and privacy
The internet has changed the way we do business. We can supply many of our products and services directly to your own home or office.
We understand that you may be concerned about the security of the personal information we collect from you online. Accordingly, we have systems in place to protect online transactions.
For more about information see our website privacy statement.
How we use your personal information
LPI may use your personal information for the purpose for which it was collected, for other directly related purposes supporting state economic and social development and the efficient planning and provision of services to the community, or other purposes required by law.
We will take reasonable steps to ensure personal information that we keep is accurate, up to date, and relevant to the purposes for which it is to be used.
However you should note that there are situations where we are required by legislation to disclose your personal information, or may be compelled to provide personal information about you to law enforcement agencies, emergency service agencies and other organisations engaged in the planning and provision of services to the community.
The personal information we collect from you allows us to provide you and the community of NSW with better services.
Access to your personal information in accordance with PPIP Act
You may apply to us to provide you with details of the personal information about you that we hold. Your request should be in writing and accompanied by a $33.00 application fee (including GST).
Apart from the preliminary charge of $33.00 for lodging a request, we may also recover our reasonable costs incurred in providing you with information, including the provision of your personal information held on public registers.
Correction of your personal information
LPI takes reasonable steps to ensure the personal information we collect, use and disclose is accurate, complete and up-to-date.
If you find that the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us and we will take reasonable steps to ensure our records are corrected or appropriately noted.
There may be a fee associated with amendment of personal information held on our public registers.
Disclosure of your personal information
LPI will not disclose your personal details unless the disclosure is authorised by the PIPP Act or HRIP Act and Regulations.
Your consent to disclose information for particular purposes may be sought by LPI or given by yourself for a specific purpose. If appropriate consent is not provided LPI may not be able to provide certain products and services to you or your agents.
Complaints
The PPIP Act establishes complaints mechanisms in relation to privacy.
An internal review is a process where LPI handles complaints about how it has dealt with personal information. Part 5 of the PPIP Act establishes guidelines for conducting an internal review.
You can apply for a review of LPI conduct if you believe we have breached an information protection principle or a code of practice that applies to this agency. The stages of our internal review process are:
- Written applications for an internal review must be lodged with LPI within six months of you becoming aware of the alleged breach.
- LPI must make a determination on internal review applications within 60 days of receiving the application.
- LPI will advise of the determination and any subsequent action to be taken within 14 days of the determination being made.
- If you are not satisfied with the result of the internal review or how we handled the review, you can seek further review from the NSW Administrative Decisions Tribunal.
You may also choose to contact the Privacy Commissioner directly concerning your complaint on T: 02 9288 8585 or writing to:
The Privacy Commissioner
Privacy NSW
Locked Bag 5111
Parramatta NSW 2124
Suppression of personal information
Personal information may be suppressed from our public registers in limited situations.
For more information on suppression of personal information from public registers, see the LPI Privacy Statement (PDF 66KB) or contact the LPI Privacy Coordinator on T: 02 9236 7729.
Further information on privacy
If you would like more information about LPI's privacy policy please contact the Privacy Coordinator:
The Privacy Coordinator
GPO Box 15
Sydeny NSW 2001
Further general information on privacy matters affecting the NSW Public Sector can be obtained from:
The Privacy Commissioner
Privacy NSW
Locked Bag 5111
Parramatta NSW 2124
T: 02 8688 8585
W: www.lawlink.nsw.gov.au/privacynsw
Or in relation to appeal processes:
The Administration Decisions Tribunal
Level 15, St James Centre
111 Elizabeth Street
Sydney NSW 2001
T: 02 9223 4677
Freecall: 1800 060 410
Legal disclaimer
Information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Advice from a solicitor, or appropriate adviser, should be sought if there is doubt as to the applicability of this information to your individual circumstances.
