This privacy statement sets out how the Canberra Cemeteries manages personal information when performing its functions.
This policy is written in simple language. The specific legal obligations of the Canberra Cemeteries when collecting and handling your personal information are outlined in the Information Privacy Act 2014 and in particular in the Territory Privacy Principles found in that Act.
This statement is made in accordance with Territory Privacy Principle 1.3 of the Information Privacy Act.
- You can access the Information Privacy Act here http://www.legislation.act.gov.au/a/2014-24/default.asp
Canberra Cemeteries is the trading agency of the ACT Public Cemeteries Authority (the Authority). It collects, holds, uses and discloses personal information to carry out functions or activities under the Public Sector Act 2014; Cemeteries and Crematoria Act 2003; the Information Privacy Act 2014; the Territory Records Act 2002 and the Health Records (Privacy and Access) Act 1997.
These functions and activities include:
- maintaining registers, in relation to interments carried out within our cemeteries
- providing advice on cemetery issues
- consulting with stakeholders on service provide by Canberra Cemeteries
- responding to access to information requests
- communicating with the public, stakeholders and the media including through websites and social media
Generally when you deal with Canberra Cemeteries (for example when calling on the phone to make an enquiry) you have the option of remaining anonymous or using a pseudonym (a made up name).
However, in some situations Canberra Cemeteries will need you to provide your name in order to provide services or assistance to you, or if we are authorised or required by law to deal with an identified individual.
If it is impracticable or unlawful for us to deal with you without you providing identifying information we will let you know why we need your personal information and what it will mean for you if the information is not collected.
Collection of your personal information
At all times Canberra Cemeteries tries to only collect personal information where that information is reasonably necessary for, or directly related to, one or more of our functions or activities.
Normally Canberra Cemeteries will not collect sensitive information (such as sexual identity or criminal history information) without your consent.
Sometimes we may collect sensitive personal information without your consent, such as when it is required or authorised by a law, or court or tribunal order, or is necessary to prevent a threat to the life, health or safety of one or more individuals, or to public health or safety.
Canberra Cemeteries will not collect personal information about you if we do not need it.
How do we collect personal information
Canberra Cemeteries will only collect information by lawful and fair means.
The main way Canberra Cemeteries collects personal information about you is when you give it to Canberra Cemeteries.
Your personal information may be collected in a variety of ways, including through paper or online forms, in correspondence to and from you as well as email, over the telephone and by fax.
Canberra Cemeteries collects personal information such as contact details and complaint, review, request or report details when:
- we are required or authorised by law or a Court or tribunal order to collect the information
- you participate in community consultations, forums or make submissions to us, and you consent to our collection of your personal information
- you contact us to ask for information (but only if we need it) and
- you ask for access to information the Canberra Cemeteries holds about you or other information about the Canberra Cemeteries’ operation.
We may also collect contact details and some other personal information if you are on our committees or participating in a meeting or consultation with us.
Normally we collect information directly from you unless it is unreasonable or impracticable to do so. In certain circumstances, for example where it is required by law, we may also obtain personal information collected by other Australian, state and territory government bodies or other organisations.
We also collect personal information from publicly available sources where that may enable us to perform our functions effectively.
Types of information we collect and hold
At all times Canberra Cemeteries tries to only collect the minimum information that we need. The personal information we collect and hold will vary depending on what we require to perform our functions and responsibilities. It may include:
- information about your identity (eg date of birth, country of birth, date of death)
- your name, address and contact details (eg phone, email and fax)
- information about your biometrics(eg photographs)
- information about your family members(eg your relationship to other members of your family)
- information about your financial affairs (eg payment details of services provided to you and bank account details)
Sensitive information is handled with additional protections under the Information Privacy Act.
Sensitive information is information that is 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 orientation or practices
- criminal record
- genetic information
- biometric information (including photographs, voice or video recordings of you)
Notice of collection
When Canberra Cemeteries needs to collect personal information from you we will notify you about:
- who we are and how you can contact us
- the circumstances in which we may or have collected personal information
- the name of the law that requires us to collect this information (if any)
- the purposes for which we collect the information
- how you may be affected if we cannot collect the information we need
- the details of any agencies or types of agencies which we normally share personal information with, including whether those recipients are overseas, and which countries those recipients are located in
Collecting through our website
Canberra Cemeteries Web Privacy Statement is located at Appendix A. click here[HH1] to view.
Use and disclosure
Canberra Cemeteries will not use your personal information for a secondary purpose or share your personal information with other government agencies, private sector organisations or anyone else without your consent, unless exceptions apply.
Exceptions are available in a number of circumstances including when -
- you would reasonably expect us to use the information for the secondary purpose that is related (or directly related – in the case of sensitive information) to the original purpose for which the information was collected
- the use or sharing of information is legally required or authorised by an Australian law, or court or tribunal order
- the collection is reasonably necessary for an law enforcement-related activity such as the prevention, detection, investigation prosecution or punishment of criminal offences or breaches of the law; intelligence gathering, surveillance, conduct of protective or custodial services
- we reasonably believe that collection is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety
- we have reason to suspect unlawful activity, or misconduct of a serious nature, that relates to our functions and we reasonably believe that collection of the information is necessary in order for us to take appropriate action
- we reasonably believe that the collection is reasonably necessary to help locate a person who has been reported as missing.
If Canberra Cemeteries has this information it is allowed to provide your biometric information (such as a photograph) or your biometric templates (digital representations of your distinct characteristics) to an enforcement body (like the Australian Federal Police, Department of Immigration) if we comply with any guidelines made by the Information Privacy Commissioner.
Canberra Cemeteries may also disclose personal information to Commonwealth intelligence agencies where that disclosure is authorised by the head of the intelligence agency and the agency certifies that the collection of the personal information from the Canberra Cemeteries is necessary for its functions.
Sharing information with service providers
Canberra Cemeteries contracts with service providers to support it to carry out specific activities and functions of the Authority.
In some circumstances it may be necessary for Canberra Cemeteries to share personal information with these service providers to enable them to perform their functions efficiently and effectively.
In these situations we protect personal information by only entering into contracts with service providers who agree to comply with Territory requirements for the protection of personal information.
Disclosure of personal information overseas
In some circumstances Canberra Cemeteries may need to share or store information with overseas recipients.
If this disclosure is necessary we will take reasonable steps before disclosing the information to ensure that the recipient treats the personal information with the similar standard of care as is required by the Information Privacy Act.
In some cases, the information will already be sufficiently protected under the law governing the overseas recipient, and you can access mechanisms to enforce those protections.
If it is practical and reasonable to do so we will obtain your consent to overseas disclosure. However, there may be situations where we are unable, for example, where we share information as part of a law enforcement activity.
Quality of personal information
Canberra Cemeteries is required to take reasonable steps to ensure that the personal information we collect is accurate, up-to-date, and complete.
Personal information we use or disclose must also be relevant for the purpose for which we use or disclose it.
In some circumstances and if it is appropriate, we can assist you to correct your personal information held by us if it is no longer accurate, up-to-date and complete.
Storage and security of personal information
Canberra Cemeteries is required to take reasonable steps to ensure that personal information it holds is safe and secure.
We strive to protect your personal information from misuse, interference or loss and from unauthorised access, use, modification or disclosure in accordance with the Information Privacy Act 2014.
The Territory Records Act establishes frameworks for the management of your personal information if it is held within the files or data systems of Canberra Cemeteries.
Our IT systems employ comprehensive protections to guard against unauthorised access. Paper-based files are stored securely.
As a part of our general practice personal information is only available to staff who need to have access in order to perform their roles.
Accessing your personal information
In accordance with the Information Privacy Act (Territory Privacy Principles 12 and 13) you have the right to ask for access to personal information that Canberra Cemeteries holds about you. You are also entitled to request that we correct that personal information, if you believe it is no longer accurate or up-to-date.
If you contact us to request access to your personal information we must provide you with access to your information in an appropriate manner, if it is reasonable and practicable to do so.
If it is not reasonable or practicable we must respond to your request in writing within 30 days telling you why we are unable to provide you with access to that information.
We will not charge you any fees for making the request or providing you with access.
You also have the right under the Freedom of Information Act 1989 to request access to documents that we hold and ask for information that we hold about you to be changed or annotated if it is incomplete, incorrect, out-of-date or misleading.
Correcting your personal information
If you ask Canberra Cemeteries to correct your personal information, we must take reasonable steps to correct the information if we are satisfied that it is incorrect, inaccurate, incomplete irrelevant, out-of date or misleading.
If we agree to correct information and that information has previously been shared with another agency, you may request that we notify the other agency of the possible need for them to correct that information.
There may be reasons why we refuse to correct that information, for example if we are required or authorised by law not to correct the information.
If we refuse to correct the information we must give you written notice of why we have refused to correct your information and how you may complain about our decision, within 30 days.
If we refuse to correct your personal information, you can ask us to attach or link a statement that you believe the information is incorrect and why, to the information.
We will not charge you any fees for making the request for correction, correcting the information or attaching a statement to the personal information.
How to make a complaint
Complaints about how Canberra Cemeteries has managed your personal information need to be made in writing to the contact details on page one of this document. We are also able to assist you to lodge your complaint if required.
We will consider your complaint to work out how we can resolve your issue satisfactorily.
We will tell you promptly that we have received your complaint and then respond to the complaint within 30 days.
If you are not satisfied with our response you may ask for a review by a more senior officer or you can make a formal privacy complaint to the Australian Privacy Commission under section 34 of the Information Privacy Act.
The Australian Privacy Commission is an independent body that will assess your complaint and can make a determination that our actions are an interference with your privacy. If your complaint is upheld by the Commissioner you may be able seek a remedy in the Magistrates Court.
Canberra Cemeteries Web Privacy Statement
This statement applies to the http://www.canberracemeteries.com.au website.
This website is managed by Canberra Cemeteries, ACT Public Cemeteries Authority (the Authority).
If you visit the website and/or online facilities managed by Canberra Connect to read or download information or conduct an online transaction, Canberra Cemeteries automatically records the following information in their log files:
- Your Internet Protocol (IP) address. The IP Address is a unique numerical identifier used by computers and other devices to identify and communicate with each other over a network. Canberra Cemeteries uses the IP Address to direct requested web pages to you where this is required.
- Top level domain name (www.canberracemeteries.com.au)
- The type of browser and operating system you used
- Date and time of your visit
- The previous site visited
- Which pages are accessed
- The time spent on individual pages and the site overall
- Which files were downloaded
- What keywords you used to search the site[HH3]
This information may be used to improve these websites and online facilities and to help Canberra Cemeteries to understand how people are using them. The log files do not collect or store personally identifiable information.
'Cookies' are small pieces of information that are stored by the browser on your computer's hard drive. The data collected about your use of these websites and online facilities is transmitted to and stored on Google's servers. Google uses this data for the purpose of compiling usage reports for Canberra Cemeteries and providing other services relating to website activity and internet usage.
The reports provided by Google to Canberra Cemeteries contain only aggregate non-personal data about your use of these websites and online facilities. These reports may contain data relating to pages viewed, files downloaded or the completion of online forms or subscriptions. Canberra Connect uses the data collected by Google Analytics to improve these websites and online facilities and to help Canberra Cemeteries to understand how people are using them.
Google may transfer this data to third parties where required to do so by law, or where third parties process this data on Google's behalf.
Personal information is defined as information about an individual whose identity is apparent or reasonably identifiable.
No personal information is collected automatically through this website. All personal information collected and/or stored must be voluntarily provided by you.
Canberra Cemeteries will only collect personal information about you when you voluntarily participate in an activity that asks for information, such as:
- Sending an enquiry or feedback
- Participating in a survey
Canberra Cemeteries will collect personal and financial information (e.g. postal address and invoice numbers) where you choose to provide this information. The information requested in each case is required to complete the transaction. The information collected through the online version of the transaction is equivalent to the information collected using the alternate channels such as through a Canberra Cemeteries office.
If you choose not to provide personal information when completing one or more of these activities, you may not be able to complete that activity. If you choose not to participate in these activities, your choice will in no way affect your ability to browse these websites and online facilities.
Use of Your Personal Information
Personal information you provide when sending an enquiry or feedback or participating in surveys is strictly used only for the purpose it was collected and where extra information is required in order to provide the service you have requested.
Canberra Cemeteries may use your contact details to respond appropriately, for example to advise receipt, address issues you identify, or to seek action from another government agency or other organisation.
Survey information is used only for the purpose designated.
Canberra Cemeteries will not share information about you with any other organisation without your permission unless:
- it is necessary to provide you with a service that you have requested;
- it is required or authorised by law;
- where permitted general situations exist, such as to lessen or prevent a threat to life, health or safety; to assist with the location of a missing person; or to investigate suspected unlawful activity or serious misconduct relating to our functions;
Storage and Security of Your Personal Information
Security measures including, but not limited to, authentication, monitoring, auditing and encryption have been integrated into the design, implementation, contractual arrangements and day-to-day practices of Canberra Cemeteries operating environment as part of its continuing commitment to risk management.
These security measures ensure the privacy of information while it is being transmitted across the Internet and protect your information against loss, misuse and alteration.
Access to and Correction of Personal Information
You can review any personal information collected about you at any time by making a formal request in writing to Canberra Cemeteries.
Canberra Cemeteries will take reasonable steps to correct the information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not .misleading. The obligation to correct information is subject to any applicable limitation in a law that provides a right to require the collection or amendment of documents.
If you believe that your personal information is being used for a purpose other than what was intended when submitted, you may contact Canberra Cemeteries. In all cases, Canberra Cemeteries will take reasonable steps to verify your identity prior to granting access to your personal information or making corrections to the information collected.
Privacy obligations for ACT Government agencies
With respect to the collection, use and disclosure of personal information, Canberra Cemeteries is bound by the Information Privacy Act 2014.
Canberra Cemeteries ensures that appropriate standards are used when service provision is outsourced to the private sector.
Neither the Canberra Cemeteries, ACT Government, nor any agency, officer nor employee of the ACT Government warrants the accuracy, reliability or timeliness of any information published by this system, nor endorses any content, viewpoints, products or services linked from this system and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information.
Portions of such information may be incorrect or not current. It is your responsibility to verify all information provided by these websites and online facilities and/or websites linked to or from them. Any person or entity that relies on any information obtained from this system does so at his or her own risk.
How to Contact Us
If you have any comment in relation to any aspect of the collection, use, security of or access to your personal information please contact Canberra Cemeteries.
If the issue is not resolved to your satisfaction you may wish to contact the Office of the Australian Information Commissioner.