privacy for strata managers and & ocs / bcs

© Copyright 2012 Teys Lawyerswww.teyslawyers.com.au

Privacy for Strata Managers & Owners Corporations / Bodies Corporate


(Last updated 13 February 2012)


How Long has the Privacy Act Applied to Strata?

• Since 1988!• Because an OC discloses

personal information for a benefit , service or advantage

• What strata managers do as a contractor under Privacy laws binds the OC


Dispelling Some Privacy Act Myths

• Privacy relates to individuals – wrong, it’s about organisations and what they do with personal information

• Privacy stops information flow – wrong, it just regulates how information is collected, used, disclosed and stored


Personal Information Collected by Managers for OC’s & BC’s

Names

Addresses

Email addresses Telephone numbers

Property descriptions and

valuations

Tenancy details Owners credit card details

Bank account details for suppliers

Sometimes proof of personal

identification



What Do Strata Managers Do With This Owners Corporation Information?

What? Allowed or not?

Give it to strata inspectors and purchasers in certificates

Required by strata management laws but must be given strictly in accordance with strata laws to be allowable under Privacy Act

Give it to the executive committee and other owners

Allowed under National Privacy Principles with a policy

Give it to web hosting companies Allowed under National Privacy Principles with a policy

Give it to strata management software providers

Allowed under National Privacy Principles with a policy

Give it to associated suppliers for cross marketing (e.g. banks )

Not allowed under National Privacy Principles without a policy and express or implied consent

Throw it in the rubbish (paper and redundant IT)

Not allowed under National Privacy Principles



NPP 1 - Collection

• Information must be necessary

• Collection must be fair and reasonable

• Information about collection must be given as soon as practicable

• Collection to be from the person concerned so far as possible


NPP 2 – Use and disclosure

• Must be used only for the primary purpose collected

• Secondary purpose use permitted only with consent ( opt out ?)

• Privacy Act does not override strata law obligations to provide information


NPP 3 – Data Quality

• Must take reasonable steps to make sure the information it collects uses or discloses is accurate , complete , and up to date


NPP 4 – Data Security

• Must take reasonable steps to protect Personal information form misuse and loss by unauthorized access , modification and disclosure


NPP 5 - Openness

• Must set out in a document clearly expressed polices on the management of personal information


What Should Owners and their Managers Do to Manage Privacy?

• Limit information collected to that which is absolutely necessary

Limit

• Secure info electronically and give traceable access only

Protect • Develop privacy policies and audit document security processes

Check



How We Can Help You With Privacy

• Privacy policies & website terms of use for strata management companies

• Privacy policies for OC’s & BC’s

• Standard motions for OC’s

• Training for committees & managers

• Compliance audits


About The PresenterMichael Teys is the Founder and Principal Lawyer of TEYS Lawyers. He has a Bachelor of Laws and practices exclusively in the area of strata title law. He is a Fellow of the Australian College of Community Association Lawyers. He was formerly an Adjunct Lecturer with Charles Sturt University. He appears weekly on SKY News Business Channel's Property Success with Margaret Lomas and is a regular panellist for the property edition of Your Money, Your Call for the same channel. You can find out more about Michael at www.michaelteys.com and follow him on Twitter @MichaelTeys

TEYS Lawyers practice nationally in strata title law representing owners corporations, bodies corporate and apartment owners. The firm’s practice groups include building defects, management rights, strata community disputes, by-laws and rules and levy and fee collection.

Subscribe for their free e-newsletter StrataSpace and find out more about them at www.teyslawyers.com.au


http://www.michaelteys.com/

http://www.teyslawyers.com.au/

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