Brave Legal is committed to protecting the privacy of personal information which the organisation collects, holds and administers. Personal information is information which directly or indirectly identifies a person.
The purpose of this document is to provide a framework for Brave Legal in dealing with privacy considerations.
Brave Legal collects and administers a range of personal information for the purposes of providing legal advice. The organisation is committed to protecting the privacy of personal information it collects, holds and administers.
Brave Legal is bound by laws which impose specific obligations when it comes to handling information. The organisation has adopted the following principles contained as minimum standards in relation to handling personal information.
Brave Legal will:
- Collect only information which the organisation requires for its primary function;
- Ensure that stakeholders are informed as to why we collect the information and how we administer the information gathered;
- Use and disclose personal information only for our primary functions or a directly related purpose, or for another purpose with the person’s consent;
- Store personal information securely, protecting it from unauthorised access; and
- Provide stakeholders with access to their own information, and the right to seek its correction.
Destruction and de-identification
- Destroy personal information once is not required to be kept for the purpose for which it was collected, including from decommissioned laptops and mobile phones.
- Change information to a pseudonym or treat it anonymously if required by the person whose information Brave Legal holds and will not use any government related identifiers unless they are reasonably necessary for our functions.
- Take reasonable steps to ensure the information Brave Legal collects is accurate, complete, up to date, and relevant to the functions we perform.
Data Security and Retention
- Only destroy records in accordance with the organisation’s Records Management Policy.
- Make this information freely available in relevant publications and on the organisation’s website.
- On request by a person, Brave Legal must take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
Access and Correction
- Ensure individuals have a right to seek access to information held about them and to correct it if it is inaccurate, incomplete, misleading or not up to date.
- If the individual and Brave Legal disagree about whether the information is accurate, complete and up to date, and the individual asks Brave Legal to associate with the information a statement claiming that the information is not accurate, complete or up to date, the Brave Legal will take reasonable steps to do so.
- Brave Legal will provide to the individual its reasons for denial of access or a refusal to correct personal information.
- Brave Legal can withhold the access of an individual to his/her information if:
- providing access would pose a serious and imminent threat to the life or health of any individual; or
- providing access would have an unreasonable impact upon the privacy of other individuals; or
- the request for access is frivolous or vexatious; or
- the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
- providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
- providing access would be unlawful; or
- providing access would be likely to prejudice an investigation of possible unlawful activity; or
- an enforcement body performing a lawful security function asks Brave Legal not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
- Where providing access would reveal evaluative information generated within the organisation in connection with a commercially sensitive decision making process, Brave Legal may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
- If Brave Legal decides not to provide the individual with access to the information on the basis of the above mentioned reasons, Brave Legal will consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
- Brave Legal may charge for providing access to personal information. However, the charges will be nominal and will not apply to lodging a request for access.
- Brave Legal will not adopt as its own identifier of an individual an identifier that has been assigned by any third party. It may however adopt a prescribed identifier by a prescribed organisation in prescribed circumstances.
- Brave Legal will not use or disclose the identifier assigned to an individual by a third party unless:
- the use or disclosure is necessary for the organisation to fulfil its obligations to the agency; or
- the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
- Allow people from whom the personal information is being collected to not identify themselves or use a pseudonym unless it is impracticable to deal with them on this basis.
Making information available to other organisations
- Release information to third parties where it is requested by the person concerned.