VicTrack owns most of Victoria’s rail transport land, assets and infrastructure including a telecommunications network. The primary object of VicTrack is to act as the custodial owner of the land, assets and infrastructure consistent with the vision statement and the transport system objectives set out in the Transport Integration Act 2010 (Vic). The functions of VicTrack as detailed in the Transport Integration Act 2010 (Vic) are in furtherance of the primary object.
VicTrack is a Victorian public entity with obligations to handle Personal Information in accordance with the Privacy and Data Protection Act 2014 (Vic), As the owner of a telecommunications network with obligations under the Telecommunications Act 1997 (Cth) and the Telecommunications (Interception and Access Act) 1979, VicTrack is bound by the Privacy Act 1988 (Cth) with respect to the Personal Information it handles as a telecommunications provider.
This Privacy Statement outlines how VicTrack manages Personal Information.
When we refer to “Personal Information” we refer to information or opinion, whether true or not, about an identifiable individual, in any form.
The kind of Personal Information we collect and hold
In the performance of our functions we may collect and hold different information about an individual. This can include, but is not limited to, an individual’s name and contact details (including addresses, email addresses and telephone numbers).
How we collect Personal Information
We may collect Personal Information from an individual in a number of ways, including:
- directly from the individual (including when making a Freedom of Information request, contacting VicTrack about a matter, participating in a VicTrack survey, or buying, leasing or otherwise acquiring an interest in an asset owned by VicTrack);
- from third parties (such as other Victorian Government entities which refer enquiries or complaints addressed to Victorian Government Ministers or agencies to VicTrack for advice and response);
- from third parties we may disclose information to (such as public transport operators and other authorities for the purposes of providing feedback and answering queries if that authority is better able to respond to a comment, query, enquiry or complaint); or
- when legally authorised or required to do so.
We will only collect Personal Information to the extent that it is necessary or directly related to VicTrack's functions. Where it is lawful and practicable, individuals will have the option of not identifying themselves when entering into transactions with VicTrack.
How we hold Personal InformationWe may hold an individual’s Personal Information in hard copy or electronic format, in physical or electronic storage facilities that we own and operate, or that our suppliers own and operate. VicTrack will take reasonable steps to protect the Personal Information it holds from misuse, interference and loss and from unauthorised access modification or disclosure.
Personal Information may be held by VicTrack for the minimum retention period required in accordance with the Public Records Act 1973 (Vic), or if the Personal Information is held in connection with VicTrack’s telecommunication services the minimum retention period in the Telecommunications (Interception and Access) Act 1979 (Cth).
How we use Personal InformationVicTrack will only use or disclose Personal Information for the purpose which was either specified or reasonably apparent at the time it was collected, unless:
- the individual has consented to, or an ordinary person would reasonably expect that his or her Personal Information would be put to another related use; or
- authorised or required by the Privacy and Data Protection Act 2014 (Vic), the Privacy Act 1998 (Cth), the Telecommunications Act 1997 (Cth), the Telecommunications (Interception and Access Act) 1979 or other laws that apply to VicTrack.
When we disclose Personal InformationIn the performance of its functions, VicTrack may disclose Personal Information about an individual:
- where the individual consents to the disclosure;
- to third parties who provide services to us (such as property managers and information technology and network services providers);
- to an individual’s authorised representatives or advisors;
- to other telecommunications service providers from or through whom you may acquire products or services (for example, we may need to disclose your Personal Information for billing purposes);
- for the purpose of facilitating or implementing a transfer of an interest in land from or to an individual; or
- where the use or disclosure is required by law, or where the recipient is subject to a law similar principles to the Privacy and Data Protection Act 2014 (Vic) and the Privacy Act 1998 (Cth).
It is unlikely that VicTrack will disclose Personal Information to recipients overseas. In the rare cases that this may be necessary, VicTrack will only send this Personal Information if the recipient of the information is bound by a scheme that is substantially similar to the information privacy principles applicable to VicTrack or VicTrack has obtained your consent. In some cases, this consent may be implied.
How to access or correct Personal Information or make a privacy complaintVicTrack will take reasonable steps to ensure that Personal Information and Health Information, collected from a person or another organisation is accurate, complete and up to date.
People can contact the VicTrack Privacy Officer to request access to, and correction of, their Personal Information held by VicTrack. VicTrack will take reasonable steps to correct and update any Personal Information that is established to be inaccurate, incomplete or not up to date.
If a person believes that their Personal Information has been used by VicTrack in a manner contrary to the Privacy and Data Protection Act 2014 (Vic) or (in connection with VicTrack’s telecommunication services) the Privacy Act 1998 (Cth), they may contact the VicTrack Privacy Officer.
Enquiries or complaintsThe VicTrack Privacy Officer is the General Counsel of VicTrack who may be contacted as follows:
By email: firstname.lastname@example.org
By telephone: 03 9619 1111
GPO Box 1681
Melbourne Vic 3001 Australia
In the rare cases that this may be necessary, VicTrack will only send this Personal Information if the recipient of the information is bound by a scheme that is substantially similar to the information privacy principles applicable to VicTrack or VicTrack has obtained your consent. In some cases, this consent may be implied (www.ovic.vic.gov.au).
If the Personal Information is stored in connection with VicTrack’s obligations under the Telecommunications (Interception and Access Act 1997 (Cth), you can also contact the Australian Information Commissioner for more information or to complain about how VicTrack has used a person’s Personal Information (www.oaic.gov.au).