Privacy and security measures
Privacy and security measures protect against misuse, loss and unauthorised disclosure of personal information
Personal and health information held by the Commissioner is managed in accordance with the privacy principles contained in the Victorian Privacy and Data Protection Act 2014, the Victorian Health Records Act 2001 and as required by other laws. The Commissioner is required by law to have a policy on information handling practices.
Definitions
Personal information is recorded information about a living identifiable or easily identifiable individual (including work related information or images).
Sensitive information is a subset of personal information and is information about a living individual’s race or ethnicity, political opinions, religious or philosophical beliefs, sexual preferences or practices, criminal record, or membership details, such as trade union or professional, political or trade associations.
Health information is information about a living or deceased individual’s physical, mental or psychological health.
What does the Commissioner do?
The Commissioner provides independent advice to the Victorian Government to inform the development of residential tenancies policies and laws.
The Commissioner:
- identifies and acts on systemic and community-wide issues affecting renters across the Victorian private rental sector
- informs and advises the Victorian Government on current and emerging issues, and
- recommends changes to renting laws, programs and services to inform and support renters.
The Commissioner does not provide direct support to people renting in Victoria such as resolving disputes or providing legal advice and representation.
What sort of information does the Commissioner collect?
The Commissioner collects personal and health information for administrative reasons.
The Commissioner may collect information at the time you report an issue (including face-to-face, telephone and online), and as a result of requesting information from you or the public generally.
The Commissioner may collect personal and health information through various means including:
- forms
- enquiries and communications (face-to-face, telephone and online)
- solicited and unsolicited correspondence, and
- submissions, surveys and complaints.
If you interact with the Commissioner and inform us that you wish to remain anonymous, no identifying details will be collected. However, information such as your contact details, gender, age, type of rental housing, family composition, period of renting in Victoria and details of your rental event, concern or issue, may be collected to identify the segment of the rental sector that is impacted by the matter you are reporting.
When collecting personal or heath information, the Commissioner will take reasonable steps to advise you of the information that is being sought, the purpose it is being sought for, whether any laws require the collection of the information and the main consequences, if any, of not providing the information.
The consequences of not providing personal or health information to the Commissioner may be that we cannot take action on the matter reported, or the matter may not be able to be referred to the appropriate government or community agency for consideration and action.
What does the Commissioner do with information?
The Commissioner will not disclose information in a way that identifies you, unless you consent to the disclosure.
However, there are some limited circumstances where the Commissioner may release information to other people or agencies, for example, to refer an urgent matter to the relevant government or community agency to take appropriate action. Your consent will be sought to disclose your personal or health information to another agency for a particular reason.
The Commissioner ensures that if any personal or health information is transferred outside Victoria, it will be in accordance with privacy legislation.
The Commissioner will use de-identified information to prepare and publish an annual summary of the systemic and community-wide issues identified. De-identified information detailing particular matters will only be used with your consent.
Why does the Commissioner collect information?
The Commissioner collects, uses and exchanges information to:
- contact you, if needed
- answer an enquiry
- conduct research
- compile and disseminate statistics
- prepare and publish reports, and
- refer matters to other government and community agencies with responsibility for providing services to renters.
What does the Commissioner do with information?
The Commissioner will not disclose information in a way that identifies you, unless you consent to the disclosure.
However, there are some limited circumstances where the Commissioner may release information to other people or agencies, for example, to refer an urgent matter to the relevant government or community agency to take appropriate action. Your consent will be sought to disclose your personal or health information to another agency for a particular reason.
The Commissioner ensures that if any personal or health information is transferred outside Victoria, it will be in accordance with privacy legislation.
How does the Commissioner ensure that information is accurate and up-to-date?
The Commissioner takes reasonable steps to ensure that personal and heath information held is accurate, complete and up-to-date.
The Commissioner relies on you to ensure that any personal information you provide to, or make available to the Commissioner, including through the Commissioner’s website, is accurate, current, complete and relevant. The Commissioner also relies on you to advise of any changes to such personal information.
How does the Commissioner store and protect information?
The Commissioner uses several procedural, physical, software and hardware safeguards, together with access controls, and backup systems to protect information from misuse and loss, unauthorised access, modification and disclosure.
Generally, information is destroyed or permanently de-identified when it is no longer required. However, most information is required to be stored. Stored information is archived in accordance with the Public Records Act 1973, which determines when it is appropriate to retain or dispose of it.
How can you access and correct information held by the Commissioner?
You have a formal right to access and correct your personal information held by the Commissioner.
You can access information held about you by the Commissioner:
- by directly contacting the Commissioner
- by contacting the Department of Justice and Community Safety Manager, Information Privacy Unit (the department manages the platform which hosts the Commissioner’s website), or
- under the Victorian Freedom of Information Act 1982 (FOI Act).
It is the Commissioner’s policy that, where appropriate you may ask for access to your personal or health information, without having to make a formal request under the FOI Act.
In some situations, access outside the FOI Act will not be appropriate, and you will have to make a formal FOI request to access and correct your personal information. An example of when you need to make a formal FOI request, is if a third party’s privacy is involved.
For information on making an FOI request visit the department’s Freedom of Information page (External link) or the Office of the Victorian Information Commissioner website (External link).
How does the Commissioner handle complaints about privacy?
The Commissioner undertakes to resolve privacy complaints in a timely, fair and reasoned way.
- Complaints can be made to the Commissioner either by:
- phone on 1300 029 783 between 9 am to 5 pm weekdays
- email to rentingcommissioner@justice.vic.gov.au (External link)
- post to -
Commissioner for Residential Tenancies
PO Box 24259
111 Bourke Street
MELBOURNE VIC 3001
Alternatively, you may contact the Department of Justice and Community Safety Manager, Information Privacy Unit either by:
- phone on (03) 8684 0178 or by sending a letter to the following address:
- email to privacy@justice.vic.gov.au (External link)
- post to -
Information Privacy Unit
Information Integrity & Access
Department of Justice and Community Safety
GPO Box 4356
MELBOURNE VIC 3001
If you are dissatisfied with our handling of your privacy complaint, you have the right to complain to the Office of the Victorian Information Commissioner if your complaint concerns personal information, or the Health Complaints Commissioner if your complaint concerns health information.
For more information, visit the: