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Information Privacy Plan

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Introduction

Queensland Government has an administrative privacy regime within the Queensland public sector to protect all forms of personal information from being lost, misused or inappropriately modified or disclosed.

Information Standard 42 (IS 42) was introduced into the public sector on 13 September 2001 and has been issued under the authority of ss. 22(2) and 56(1) of the Financial Management Standard 1997. IS 42 applies to:
- All accountable officers; and
- Statutory bodies.
As defined under the Financial Administration and Audit Act 1977.

Under this Standard, agencies are to review arrangements in which personal information is collected, stored, used and disclosed and are to establish procedures to ensure compliance with IS 42.

The Queensland scheme, which is being implemented by administrative means rather than by legislation, is based on the eleven Information Privacy Principles of the Privacy Act 1988 (Cwlth).

This Privacy Plan details the approach the Queensland Police Service will take to implement IS 42.

Personal Information

Personal information is defined as any information that would allow an individual to be identified, for example, their name, age or physical characteristics. Personal information can be an opinion, which need not be true, or anything from which the person's identity could reasonably be ascertained.

Personal information may be stored on a variety of media such as paper, electronic database, photographic and video image, audiotape, digital form, and may also extend to body samples and biometric data.

Exemptions

Personal information relating to the following is exempt from the provisions of IS 42:
- Covert activity- controlled operation or controlled activity within the meaning of the Police Powers and Responsibilities Act 2000 or arising out of a warrant issued under the Telecommunications (Interception) Act 1979 (Cwlth);
- Witness protection- personal information about a witness who is included in a witness protection program under the Witness Protection Act 2000;
- Disciplinary actions and misconduct- personal information about an individual arising out of a complaint made under Part 7 of the Police Service Administration 1990 or an investigation of police misconduct or official misconduct under the Crime and Misconduct Act 2001;
- Whistleblowers- personal information about an individual that is contained in a public interest disclosure within the meaning of the Whistleblowers Protection Act 1994;
- Cabinet and Executive Council documents- personal information about an individual that is contained in a document of a kind referred to in ss. 36 and 37 of the Freedom of Information Act 1992 (i.e. Cabinet and Executive Council documents); and
- Commissions of Inquiry- personal information about an individual arising out of a Royal Commission or commission of inquiry.

In addition, the Queensland Police Service, along with other law enforcement agencies, has been given exemption from a number (not all) of the requirements for other than administrative functions. These exemptions relate to Privacy Principles 2, 3, 9, 10 and 11 and are interpreted as being relevant to any matter undertaken in accordance with operational policing functions and administrative activities that are properly incidental to those operational policing functions.

Legislation Administered by the Queensland Police Service

The Queensland Police Service has responsibility for administering the following Acts:

Generally legislative requirements override the requirements of IS 42. For the Police Services, this has particular implications to:

General Criteria Applicable to Personal Information held by the Queensland Police Service

The following is applicable to all classes of personal information held by the Queensland Police Service:
- These records relate to a range of persons. Identifiers can include name, date of birth, address, gender, telephone numbers, employment records, education details, and passport, motor vehicle registration and driver's licence details.
- The records are kept according to the categories set out in the standard 'Retention and Disposals Schedule' issued by Queensland State Archives. Separate storage and security arrangements apply depending on which business area holds the records and the sensitivity and classification of the information.
- The Queensland Police Service's Statement of Affairs sets out the various ways in which individuals can access personal information.
- Records are held in the various functional or geographical areas of the Queensland Police Service and are stored in various mediums.

Classes of Personal Information held by the Queensland Police Service

General Information

These records assist in the effective and efficient operation of the Queensland Police Service. Relevant documents include messages, registers, minutes, lists, correspondence and directories.

The information contained in these records may include personal identifiers relevant to the purpose of the document or record.

The sensitive details that are contained in these records may include information about employment records of Queensland Police Service personnel, criminal convictions and criminal intelligence.

Some information may be released to the Department of Justice and Attorney General, the courts and other tribunals such as the Administrative Appeals Tribunal and the Mental Health Tribunal.

Such information may be released to other agencies where there is a specific legislative requirement or where there is a law enforcement or judicial requirement.

Personnel Records

These records are used to maintain all employment activity including payroll, recruitment and associated administrative activity relating to all current and former employees, contract employees and applicants for positions within the Service.

Contents of personnel records include personal identifiers and information volunteered or collected as part of a person's employment history.

Access to personnel records is restricted to managers and personnel management staff, selection committees (as appropriate), the individual to whom the record relates and, as appropriate, personnel specialists, investigators (in this case of misconduct), security officers, and to internal and external auditors.

Information held in personnel records may be disclosed, as appropriate, to superannuation authorities, the Australian Taxation Office and a receiving agency following a transfer.

Service employees can obtain information regarding access to their personnel records by contacting their Human Resources officer or representative.

Financial Management Records

These records are used to account for expenditure and revenue.

The personal information in these records relates to creditors and debtors including external providers if they are identified personally.

Access to this personal information is restricted to financial management staff across the Service as well as to external auditors.

This information is not normally disclosed to other persons or organisations.

Electronic Records

The Service's information management systems routinely contain much of the core business and the supporting corporate services of the Service on behalf of its many functional areas. This encompasses a wide variety of electronic transactions. Records within this networked environment will generally cover information referred to in other parts of this plan that deal with the core business operations of functional areas of the Service. The use of these systems is routinely monitored by internal and external control systems.

Staff are routinely made aware of system usage rules and monitoring procedures concerning the collection and use of the information.

General Duty Policing Records

These records contain various personal identifiers collected by a police officer and operational support staff in compliance with a policing related purpose for which the record has been made. These records are used in the enforcement of criminal law, the preservation of peace and the protection of life, safety and property within Queensland.

The information that is contained in general policing records may be disclosed to government organisations, external agencies and to other law enforcement agencies.

Records for Court Purposes

Records for court purposes are used to record arrest, search, seizure and extradition and to present evidence for prosecution. This material may be produced by order of a court or tribunal in non-criminal matters. Included in these records are administrative law documents, briefs of evidence, affidavits, warrants and family law documents and files.

Personal identifiers will be contained in these records.

Subject to individual authorisation and operational needs, a Service employee may access court records. Information may be disclosed to the Director of Public Prosecutions, members of the judiciary, members of tribunals and to legal practitioners and defendants.

Investigation and Enquiry Records

These records assist in the effective and efficient performance of the functions of the QPS under the Police Service Administration Act 1990 and associated information collected from, or provided to, various agencies.

Subject to the individual authorisations and operational needs, a Queensland Police Service employee may access these documents. Certain information may be disclosed for law enforcement purposes to other state agencies or to Australian and/or foreign law enforcement organisations. As indicated previously, this material may be used in criminal or civil proceedings.

Traffic Records

Traffic incident records are used in the investigation of vehicle incidents in Queensland.

Traffic incident records kept by the Queensland Police Service are linked to Queensland Transport and may be used to assist the judiciary in determining penalties for traffic infringements.

Subject to individual authorisation and operational needs, a Queensland Police Service employee may access these documents. The information that is contained in traffic incident records may be disclosed to courts, relevant government bodies and individuals.

The information on traffic incident records may be disclosed to insurance companies and involved individuals.

Queensland traffic histories, licensing details and registration information are held on Queensland Transport information systems, and while the Queensland Police Service for policing purposes may access these records, Queensland Transport remains the custodian of this information.

Access to, and Amendment of, Personal Information

The right of access of and amendment to personal information is dealt with in Information Privacy Principles (IPPs) 6 and 7 that state that access and amendment rights are limited to existing Freedom of Information Act 1992 protocols. Nevertheless the Act does provide for other administrative systems to be used for particular types of information (see paragraph 22).

Procedure to Gain Access to Personal Information

Members of the community wishing to obtain access to documents of the Service containing personal information should firstly consider the systems or schemes available outside the Freedom of Information Act 1992. The contact points and available personal information are as follows:

Manager
Police Information Centre
GPO Box 1440
Brisbane Qld 4001

Telephone for application forms - 3364 4966 or 3364 4202

Information Available	Price
Criminal Histories	$36.50
Police Certificate based on national search of name only	$37.30
Police Certificate based on national search of name and fingerprints	$131.80
Copy of record of charges	$36.50
Court Briefs	$16.50

CITEC
GPO Box 279
Brisbane Qld 4001

Telephone - 1800 676677 or 3227 7831

Crime Reports
Traffic Incident Reports

Officer in Charge
Photographic Section
GPO Box 1440
Brisbane Qld 4001

Telephone - 3364 6368

Photographs

Queensland Transport
Visit your nearest Queensland Transport Customer Service Centre. Complete the application forms and lodge them with all supporting documentation and your personal identification.

Freedom of Information

The Police Service has a centralised unit for processing Freedom of Information applications. The Freedom of Information Unit has primary responsibility for determining Freedom of Information applications for the Service.
Applications for access to a document may be made to:

Officer in Charge
Freedom of Information and Privacy Unit
Queensland Police Service
200 Roma Street
BRISBANE QLD 4000

Applications must be in writing and must provide such information concerning the document as is reasonable necessary to enable identification of the document sought.

Applications should include:
- Full name and address;
- The applicants date of birth should be included for the purpose of identification, as well as proof of identity if the document concerns the applicant's personal affairs; and
- Description of the document requested and its possible location; type of access required (copy or visual inspection).
Applications may also be lodged at any Queensland Police Service establishment. Applications will then be forwarded on to the Officer in Charge, Freedom of Information Unit to be processed.

Complaint and Review Process

While noting the exemptions for policing matters relating to Privacy Principles 1, 4, 5, 8 and 9, if an individual believes that the Queensland Police Service has not dealt with their personal information in accordance with an IPP, they may make a complaint to the Service personally, in writing or over the telephone.

Complaints are dealt with as a disciplinary process in terms of sections 18.1 and 18.2 of the Human Resource Management Manual. Complaints can be made to any member of the Service, however the Ethical Standards Command (ESC) will overview them individually.

If an applicant wishes to review the results of an ESC investigation, they can apply in writing to the Internal Review Officer - Privacy for internal review of the initial decision. Applications for internal review must be made within 28 days of the complainant receiving the initial complaint decision notice. The postal address for internal review applications is:-

Internal Review Officer - Privacy
Freedom of Information Unit
Queensland Police Service
Police Headquarters
200 Roma Street
BRISBANE QLD 4000

On receiving an application for review the Internal Review Officer is to report the matter to the Deputy Commissioner who will appoint an Assistant Commissioner to undertake the review.

Privacy Contact Officer

Enquiries concerning any privacy related matters should be directed to:

The Privacy Contact Officer
Freedom of Information and Privacy Unit
Queensland Police Service
Police Headquarters
200 Roma Street
BRISBANE QLD 4000
Ph: 3364 4666
Fax: 3364 4675

Code of Practice

In the event of the implementation of a Queensland Police Service Code of Practice, this Privacy Plan should be read in conjunction with that Code.

Last updated 17/07/2006