We need to collect personal information about customers and employees for the provision of our services and as required by law. This document sets out our policy for dealing with the collection, storage and disclosure of personal information.
These matters are dealt with by a number of laws, regulations and policies such as:
The Privacy Act, 1988 (including the National Privacy Principles) and
The Legal Profession Act, 1987.
The type of information we collect can include: name, address, sex, marital status, ethnicity, sexual preference, health, criminal record, financial information, employment history, bank account details and tax file number.
This information is collected primarily for the purposes of providing services to our customers, engaging employees, advising our customers of our services or changes to our services or important legal issues which arise from time to time and obtaining credit history information about our customers.
We may contact customers to voluntarily respond to questionaires or surveys to enable us to improve the provision of our services and/or to consider the provision of additional services.
We collect personal information primarily from the each customer and employee directly. However, we may also obtain information about customers from other sources, including previous solicitors, public records, credit providers and credit reporting agencies.
There are greater restrictions imposed upon the use of sensitive information such as ethnicity, membership of political, trade or professional associations, religions, sexual preferences, criminal record, state or health and medical history, the use of tax file numbers and information received from a credit reporting agency.
Disclosure of Personal Information
We may disclose personal information for the purpose of providing services to customers, for example:
To courts, tribunals, regulatory authorities, insurers and credit providers
To insurance investigators, law enforcement officers; and
To medical practitioners, other legal practitioners, financial and accounting professionals, architects, town planners, valuers and other professionals.
We may disclose information to credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for services provided by us to them.
We may provide information to courts, tribunals, regulatory authorities, and law enforcement officers as required by law and subject to client/solicitor legal privilege.
Storage of Personal Information
We store personal information in client and administrative files both in material and electronic form at our premises or at secure archive storage facilities. We take steps to ensure that such information is secure through the use of pass words, locks and a fire proof safe.
We are required to keep personal information about customers and employees for significant periods of time. Customer files over 7 years old are periodically destroyed.
Up-dating and checking accuracy of Personal Information
We rely primarily upon customers and employees advising us when personal information changes.
Under the National Privacy Principles, a person can access personal information that we hold about him or her although there are some exceptions to this. He or she also has the right to request that we correct information about him or her which is inaccurate, incomplete or out of date.
To ensure the integrity and safety of personal information, we will only disclose such information to persons if our internal procedures are satisfied and as required by law.
We may refuse to provide a person with information we hold about him or her:
Where to do so would in the case of personal information would pose a serious and imminent threat to the life or health of any individual; providing access would have an unreasonable impact upon the privacy of other individuals;
The request for access is frivolous or vexatious
The information relates to existing or anticipated legal proceedings between us and that person, and the information would not be accessible by the process of discovery in those proceedings
Providing access would reveal our intentions in relation to negotiations with the person in such a way as to prejudice those negotiations
Providing access would be unlawful
Denying access is required or authorised by or under law
Providing access would be likely to prejudice an investigation of possible unlawful activity
Providing access would be likely to prejudice the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law, the enforcement of laws relating to the confiscation of the proceeds of crime; the protection of the public revenue; the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct, the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders by or on behalf of an enforcement body or
An enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
In certain cases we may charge you a fee for access to information but we will inform you at the time.
How to Contact Us
Sydun & Co, Solicitors
Level 6, 162 Goulburn Street
East Sydney NSW 2010
Ph: (02) 9283 2355
Fax: (02) 9283 2755
Copyright © – Sydun and Company Solicitors – 2004