Hobart Toy Library collects and administers a range of personal information for the purposes of membership and insurance. The organisation is committed to protecting the privacy of personal information it collects, holds and administers.
Hobart Toy Library recognises the essential right of individuals to have their information administered in ways which they would reasonably expect – protected on one hand and made accessible to them on the other. These privacy values are reflected in and supported by our core values and philosophies and also reflected in our Privacy Policy.
Hobart Toy Library is bound by laws which impose specific obligations when it comes to handling information. Hobart Toy Library complies with the Personal Information Protection Act 2004 (Tas) and, where applicable, the Australian Privacy Principles under the Privacy Act 1988 (Cth).
The organisation has adopted the following principles contained as minimum standards in relation to handling personal information.
Hobart Toy Library 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.
Responsibilities
Hobart Toy Library’s Committee is responsible for developing, adopting and reviewing this policy.
Hobart Toy Library’s Committee is responsible for the implementation of this policy, for monitoring changes in privacy legislation, and for advising on the need to review or revise this policy as and when the need arises.
Processes
Collection
Hobart Toy Library will:
Ensure collection will always be consistent with applicable privacy laws, including but not limited to the Personal Information Protection Act 2004 (Tas).
Only collect information that is necessary for the performance and primary function of Hobart Toy Library.
Collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
Notify members about why we collect the information and how it is administered.
Notify members that this information is accessible to them.
Collect personal information from the person themselves wherever possible.
If collecting personal information from a third party, be able to advise the person whom the information concerns, from whom their personal information has been collected.
Collect sensitive information only with the person’s consent or if required by law. Sensitive information includes health information and information about religious beliefs, race, gender and others.
Hobart Toy Library will also collect sensitive information about an individual if such collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
is physically or legally incapable of giving consent to the collection; or
physically cannot communicate consent to the collection; or
Hobart Toy Library collects information during the course of the activities of a non-profit organisation—therefore the following conditions must be satisfied:
the information relates solely to the members of the organisation or to individuals who have regular contact with it in connection with its activities;
at or before the time of collecting the information, Hobart Toy Library inform the individual whom the information concerns that it will not disclose the information without the individual’s consent; and
the collection must be necessary for the establishment, exercise or defence of a legal or equitable claim.
Hobart Toy Library will collect health information about an individual if:
the information is necessary to provide a health service to the individual; and
the information is collected as required or authorised by or under law and in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation.
Determine, where unsolicited information is received, whether the personal information could have collected it in the usual way, and then if it could have, it will be treated normally. (If it could not have been, it must be destroyed, and the person whose personal information has been destroyed will be notified about the receipt and destruction of their personal information).
Record personal information in secure third‑party systems used by the Toy Library, including but not limited to SETLS and any future membership or management software.
Record limited sensitive information such as healthcare/concession card status for the purpose of assessing eligibility for hardship or concession arrangements. Members may be required to evidence their eligibility (eg evidence a concession card), but copies will not be uploaded or stored.
Use and Disclosure
Hobart Toy Library will:
Only use or disclose information for the primary purpose for which it was collected or a directly related secondary purpose.
For other uses, Hobart Toy Library will obtain consent from the affected person.
In relation to a secondary purpose, use or disclose the personal information only where:
a secondary purpose is related to the primary purpose and the individual would reasonably have expected us to use it for purposes; or
the person has consented; or
certain other legal reasons exist, or disclosure is required to prevent serious and imminent threat to life, health or safety.
Use personal information recorded in SETLS or future software only for Toy Library administrative and operational purposes, consistent with this policy.
In relation to personal information which has been collected from a person, use the personal information for direct marketing, where that person would reasonably expect it to be used for this purpose, and Hobart Toy Library has provided an opt out and the opt out has not been taken up.
In relation to personal information which has been collected other than from the person themselves, only use the personal information for direct marketing if the person whose personal information has been collected has consented (and they have not taken up the opt-out).
In each direct marketing communication with the individual, Hobart Toy Library draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications.
Provide all individuals access to personal information except where it is a threat to life or health or it is authorised by law to refuse and, if a person is able to establish that the personal information is not accurate, then Hobart Toy Library must take steps to correct it. Hobart Toy Library may allow a person to attach a statement to their information if Hobart Toy Library disagrees it is inaccurate.
Where for a legal or other reason we are not required to provide a person with access to the information, consider whether a mutually agreed intermediary would allow sufficient access to meet the needs of both parties.
Make no charge for making a request for personal information, correcting the information or associating a statement regarding accuracy with the personal information.
Each written direct marketing communication with the individual must set out Hobart Toy Library’s business address and, if the communication with the individual is made by electronic means, an email address at which the organisation can be directly contacted electronically.
If the disclosure of sensitive information is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety and it is impracticable for Hobart Toy Library to seek the individual’s consent before the use or disclosure and the use or disclosure is conducted in accordance with guidelines approved by the Australian Information Commissioner under section 95A of the Privacy Act 1988 (Cth), the toy library may make such a disclosure.
If Hobart Toy Library has sufficient reasons to believe that an unlawful activity has been, is being or may be engaged in, and the disclosure of personal information becomes a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, the toy library may make such disclosures.
Hobart Toy Library may further disclose personal information if its disclosure is mandated by an enforcement body or is required for the following:
the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
the enforcement of laws relating to the confiscation of the proceeds of crime;
the protection of the public revenue;
the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
For the purpose of this clause, Hobart Toy Library must make a written note of the use or disclosure.
Storage
Hobart Toy Library will:
Implement and maintain steps to ensure that personal information is protected from misuse and loss, unauthorized access, interference, unauthorised modification or disclosure.
Ensure that third‑party systems (including SETLS and any future software providers) apply privacy and security protections equivalent to Tasmanian privacy law.
Restrict access to personal information within these systems through role‑based or administrative access controls, ensuring only authorised volunteers or committee members can view or modify member data.
Ensure sensitive information such as concession/healthcare card status is visible only to authorised users who require access for concession/hardship assessment.
Before disclosing any personal information to an overseas recipient, including a provider of IT services such as servers or cloud services, Hobart Toy Library will take reasonable steps to ensure the recipient is subject to privacy obligations substantially similar to those under Tasmanian law.
Ensure that its data is up to date, accurate and complete.
Destruction and de-identification
Hobart Toy Library will:
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 the toy library holds and will not use any government related identifiers unless they are reasonably necessary for our functions.
Data Quality
Hobart Toy Library will:
Take reasonable steps to ensure the information the toy library collects is accurate, complete, up to date, and relevant to the functions we perform.
Data Security and Retention
Hobart Toy Library will:
Ensure personal information is retained only as long as required by law or Hobart Toy Library’s Records Management Policy, after which it will be securely destroyed or de-identified.
Openness
Hobart Toy Library will:
Ensure members are aware of Hobart Toy Library’s Privacy Policy and its purposes.
Make this information freely available in relevant publications and on the organisation’s website.
On request by a person, the toy library 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
Hobart Toy Library will:
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.
Access to personal information held in third‑party systems used by the Toy Library (including SETLS and future software) will be provided in accordance with the access features and security controls of those systems.
Where information is stored in restricted‑access fields (for example, concession/healthcare card status), access will be facilitated by an authorised committee member rather than by direct system access.
Requests for access or correction may be actioned through the software platform or, where this is not possible, by manual assistance from an authorised volunteer or committee member
If the individual and Hobart Toy Library disagree about whether the information is accurate, complete and up to date, and the individual asks the toy library to associate with the information a statement claiming that the information is not accurate, complete or up to date, the toy library will take reasonable steps to do so.
Hobart Toy Library will provide to the individual its reasons for denial of access or a refusal to correct personal information.
Hobart Toy Library can withhold the access of an individual to their 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 toy library 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 toy library 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 Hobart Toy Library 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, Hobart Toy Library may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
If Hobart Toy Library decides not to provide the individual with access to the information on the basis of the above mentioned reasons, Hobart Toy Library will consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
Making information available to other organisations
Hobart Toy Library can:
Release personal information to third parties where it is requested by the person to which the personal information relates.
Complaints
Any complaints about the handling of personal information should be directed to the Committee here: hobarttoylibrary@gmail.com.
Complaints will be handled fairly, transparently, and in accordance with this policy. If a complaint is not resolved, individuals may contact the Tasmanian Ombudsman.
Review
This procedure will be reviewed every two years or earlier if required by changes in legislation or organisational practices.