The primary group of individuals for whom the Trustee collects information is for members, and this policy is accordingly framed in respect of members. While not explicitly covered by this policy, the Trustee will take all reasonable steps to handle private information collected on behalf of non-member individuals (including employees, employers and potential members) in a manner consistent with the provisions of this policy and commensurate with the nature of data collected, and commits to abide by the APPs and all other legislative and regulatory obligations in the handling of this information.
2. Personal and Sensitive Information
2.1. Personal Information
The Trustee holds and uses personal information about each Fund member. Typically, this may include a member’s:
- date of birth,
- marital status
- email address,
- contact details, and
- any other required information.This information is needed to maintain the Fund’s records in a format that identifies the member. These records are essential to the proper management of the Fund and to enable the Trustee to provide members with superannuation and insurance benefits, and to address specific member enquiries.
2.2. Sensitive Information
The Trustee might also collect sensitive information about a member, including:
- Health Information – to enable it to obtain various insurance products on behalf of the member from the Fund’s insurers, or to process a member’s insurance claim.
- Religious Beliefs – by way of church/denominational affiliation and/or religious based employer information. This information helps the fund to continue to customise the products and services to the distinct needs of the membership
- Family Information – information held by the Trustee which supplied by members to help inform and direct the Trustee in its duties should the member pass away before ending their relationship with the Fund.
2.3. Tax File Number Information
The Trustee also collects a member’s Tax File Number (TFN) in order to administer superannuation benefits. Members are not legally obliged to quote their TFN. However, there may be financial consequences for members who choose not to quote their TFN. TFN information is handled in accordance with the Tax File Number Guidelines 2011, issued under the Privacy Act.
2.4. Other Information
The Trustee also collects a range of other pieces of information about the Fund’s members. This information may include, financial information, sentiments and opinions of members and financial goals.
3. Australian Privacy Principles
The Trustee is committed to the privacy of members and ensuring the rightful management and security of information which members have provided to the Trustee in accordance with the Australian Privacy Principles (Schedule 1 of the Privacy Act 1988).
3.1. APP 1: Open and transparent management of personal information
3.2. APP 2: Anonymity and pseudonymity
The Trustee will not refuse to deal with individuals who do not disclose their true identity. However, this applies to general enquiries only. Enquiries relating to:
- specific account information; or
- the administering of superannuation benefits or insurance claims; or
- issues where the Fund is lawfully required to obtain identification; or
- issues where it is impracticable for the Trustee to deal with an unidentified individual
will require identity verification in order for the Trustee to deal with the individual.
3.3. APP 3: Collection of solicited personal information
The Trustee collects personal and sensitive information to the extent that it is reasonably necessary to administer superannuation benefits and insurance claims to members, or where it is legally obliged to do so. Furthermore, sensitive information is only collected with the member’s consent.
The Fund usually collects personal information directly from members or from their employer, advisor or other representatives authorised by the member. However, some personal information may be collected from other sources including doctors, insurers and government agencies. The collection of sensitive information, including health information for insurance applications or claims is directly collected from the member. Information about potential beneficiaries of a member’s death benefit is collected from the member, legal personal representative (which means the executor or administrator of their estate) or other relatives/family members of the member and is not used until the member’s death. All reasonable effort will be made to validate any information collected from non-authorised sources (i.e. other relatives/family members) in so far as the information is intended to be used to inform any decisions of the Trustee.
If a member decides not to provide the Trustee with the information needed, or not to allow their employer to provide the Trustee with that information, then the Trustee may be limited in providing superannuation benefits to the member. Where the information is health information, this may limit the level of insurance benefits available to the member through the Trustee. If the Trustee does not hold a member’s TFN, there may be taxation implications, and the transfer of “lost” entitlements to government bodies may also be impacted.
Christian Super maintains a website accessible to the public which collects information through persistent and non-persistent cookies. This includes IP addresses and timestamps and is retained on average for 12 months. The Trustee does not collect personally identifiable information from the public section of the website unless provided unsolicited (i.e. enquiry/ Contact Us webforms). Information collected when members log-in to the secure section of the website in order to access their personal account includes the:
- date and time of visit,
- pages viewed,
- internet protocol address, and
- operating system used.In this regard the Trustee collects information of non-members, which will be used to provide individuals with the service or information they have requested from the Trustee.The handling of the information collected under APP 3 is covered in APP 5 to 13.
3.4. APP 4: Dealing with unsolicited personal information
All paper correspondence that the Trustee receives is immediately scanned into our database and telephone calls are automatically recorded by the Trustee or its outsourced administration service provider.
Where the Trustee has received unsolicited personal information in a communication that is not information that the Trustee could have collected under APP 3, the information will be destroyed or de-identified where it is lawful and reasonable to do so as soon as practicable.
If the unsolicited personal information is information that the Trustee could have collected under APP 3, the information will be treated as information collected under APP 3.
3.5. APP 5: Notification of the collection of personal information
The Trustee will notify individuals of the collection of personal information as soon as is practicable and will include the following details, as is reasonable, with consideration of the circumstances of the collection:
- identity and contact details of the Trustee,
- if the individual may not be aware of the collection, notification of the collectionand the circumstances under which it occurred (e.g. supplied by an employer),
- if the Trustee is legally obliged to collect the personal information, notification that the collection is required,
- purpose of the collection and any consequences for the individual if the information is not collected,
- any parties to which the Trustee discloses personal information of the kind collected,
- access the information and seek its correction;
- complain if the Fund breaches its privacy obligations, and how complaints arehandled,
- whether the Trustee is likely to disclose the personal information to overseas recipients, and if practicable, the specific countries.
3.6. APP 6: Use or disclosure of personal information
Personal information is collected and used or disclosed for the purpose of administering superannuation and insurance benefits to the members. The information collected by the Trustee, and all other information provided by members at the request of the Trustee, our administrator or our insurers, will be used by the Trustee and its staff to:
- open and administer member super and insurance accounts, and keep members informed about their super and insurance and opportunities available to them as Fund members,
- ensure members are eligible for products and services (including insurance),
- help members to combine their super accounts and check if they have lostsuper (when a member makes such a request),
- provide financial education,
- help improve the Fund’s products and services,
- undertake market research, member data analysis and direct marketing activities,
- manage and resolve complaints made,
- report information required by law or regulations,
- perform any other appropriate related functions.
If the Trustee can’t collect this information from a member it may be difficult to perform the activities listed above.
The Trustee does not sell or rent out information. The Trustee will only use or disclose information to a third party for a secondary purpose where:
- consent is given for the use or disclosure; or
- it is reasonably expected that the Trustee would use or disclose the information for a secondary purpose, if the secondary purpose is:
- directly related to the primary purpose, if it is sensitive information, or
- related to the primary purpose, if it is personal information; or
- a permitted general situation exists under section 16A and 16B of the Privacy Act 1988; or
- the Trustee is legally obliged to use or disclose the information.
In undertaking its obligations to its members, the Trustee outsources some of its operations to other organisations. For this purpose personal or sensitive information may, as required, be transferred to or handled by:
- the Fund’s administrator;
- third party providers of products and services to Fund members, including Insurance;
- Government bodies such as the Australian Taxation Office;
- the Trustee legal and other professional advisers; and
- other business support providers, including document storage, printing and collating companies.
Should a member become a member of another superannuation fund, their personal information may be transferred to that fund. Further, the employer may be provided with the member’s personal information to facilitate provision of benefits in the ordinary course of their employment.
If an individual dies while being a member of the Fund, the Trustee may share details about the individual’s super and insurance with their dependants and legal personal representative (which means the executor or administrator of their estate) as appropriate. The information shared may include the names of the individual’s nominated beneficiaries, their account balance and any insurance amount payable.
The Trustee does not ordinarily disclose personal information to overseas recipients.
3.7. APP 7: Direct marketing
The Trustee may reasonably use or disclose directly collected personal information to provide direct marketing communication to members. Where sensitive information is used, or if the Trustee (or its appointed service providers) has not directly collected personal information from the member, consent will be sought prior to issuing direct marketing communications.
The Trustee will ensure that members may easily opt out of direct marketing, and will comply with such requests. This may be communicated via telephone, email or post. Alternatively, members may change their “Communication Preferences” through their online Member account.
3.8. APP 8: Cross-border disclosure of personal information
The Trustee does not ordinarily disclose personal information to overseas recipients, and does not foresee reasonable circumstances where this may occur. However, in the event that the Trustee does send personal information overseas, the Trustee will take reasonable steps to ensure that the recipient satisfies Australian privacy obligations.
3.9. APP 9: Adoption, use or disclosure of government related identifiers
The Trustee does not adopt government related identifiers as an identifier of members. Unique member numbers are assigned to members for identification purposes.
Government related identifiers may be used to verify the identity of individuals, or to fulfil legal obligations including those of members, such as using TFNs to discharge member taxation obligations.
3.10. APP 10: Quality of personal information
The Trustee will take reasonable steps to ensure that the personal information collected, used and disclosed is accurate, up-to-date and complete, with regard to the circumstances of the collection, use or disclosure.
3.11. APP 11: Security of personal information
The Trustee protects personal information from misuse, interference or loss, and unauthorised access modification or disclosure by storing it on secure third-party Australian servers and on internal servers. Security features include, but are not limited to:
- comprehensive access control restrictions,
- industry standard firewall protection, and
- centrally managed and updated anti-virus software.
Access audit logs are kept to allow identification in the event of unauthorised access.
The Trustee will take reasonable steps to destroy or de-identify information that is no longer required. The Trustee does not ordinarily store personal or sensitive information on overseas servers.
3.12. APP 12: Access to personal information
Members can access and update their own personal information through the Online Member Centre (requires registration and login), or by contacting the Member Care Call Centre on 1300 360 907. A reasonable cost-recovery fee may apply for accessing personal information.
In some circumstances the Trustee is entitled to deny a member access to personal information. These include circumstances where such information is used in confidential trustee decisions or in a commercially sensitive decision-making process, where the privacy of others may be breached if the information was accessed or where the law requires or authorises such access to be denied. The Privacy Officer will provide written notice if access is denied.
The access and correction procedures outlined in this policy operate alongside the procedures outlined in the Freedom of Information Act 1982. Where there is a conflict between this policy and the FOI Act, the FOI Act shall prevail.
3.13. APP 13: Correction of Personal Information
Members are encouraged to inform the Trustee of any changes to their personal information as soon as possible, to ensure that the Fund can continually provide superannuation benefits to the member. If the information held by the Trustee is inaccurate, incomplete or not up to date a member may request the Fund to correct the information. The Trustee may request supporting documentation to evidence the requested change, and valid requests will be completed in a reasonable timeframe.
If the Trustee has any reason to refuse the request to correct the personal information, written notice will be provided, setting out the reasons for the refusal except to the extent that it would be unreasonable to do so.
4. Data Breaches
A data breach occurs when there is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that the Fund holds. All reasonable steps will be taken, in accordance with this policy and the controls outlined in the IT and Information Security Framework, to ensure that a data breach does not occur.
4.1. Data Breach Response Plan
The Fund has designed the following Data Breach Response Plan (“plan”) in order to ensure that appropriate and timely action is taken to respond to the breachi. The plan will be carried out by the Privacy Officer, or by the Data Breach Response Team (“team”) in the event of a serious breach. In determining whether to activate the team, the Privacy Officer will consider:
- The number of individuals affected by the breach;
- The likelihood of serious harm to the affected individual(s);
- The expected ease with which the breach can be contained and/or remediated; and
- The potential reputational impact of the breach.
The team will consist of the Privacy Officer and the Complaints Manager, and other staff members, directors or external advisors may be added for a particular response based on the skills or seniority required for that particular response.
Data breaches must be addressed on a case-by-case basis based on the nature of the incident and so discretion must be exercised in determining the specific response required to each breach. Nevertheless, the plan is intended to provide the infrastructure through which decisions can be made and action taken to respond to a breach in a timely manner. The plan contains four steps:
- Identification of Potential Breach
- Assessment of Potential Breach
- Determination of Breach
- Breach Response
A summary of the Data Breach response plan is included at Appendix A.
4.1.1. Identification of Potential Breach
Any staff member may identify a suspected data breach. This may occur because of an action taken by the staff member that caused or uncovered the breach, or because an external party has communicated the breach. Where this occurs, the staff member must immediately notify the Privacy Officer or, if the Privacy Officer is unavailable, the Alternative Privacy Officer.
The notification should:
- Be made orally in the first instance, given the potential need for immediate action to be taken to address the breach, covering:
- The time and date the suspected breach was discovered;
- The type of personal information involved;
- The individual(s) affected by breach;
- The cause of the breach (ifknown); and
- The extent of the breach (ifknown);
• Then be made in written form with all available background information and explanatory material.
The Privacy Officer receiving the notification will make an initial assessment on whether a breach has or may have occurred. Where there are reasonable grounds to believe that a breach has occurred, the Data Breach Response Plan below will be followed. Where there are not such grounds, it is determined that no breach has occurred and no further action is required.
4.1.2. Investigation of Potential Breach
Once the Privacy Officer has determined that a data breach may have occurred an investigation of the facts of the case will be undertaken. During this investigation all reasonable effort should be taken to establish all facts material to the event, including; a timeline of the events as they unfolded, details of the parties involved in the event and details of existing controls as they relate to the event.
The Fund must take reasonable steps to complete this investigation within 30 days, though the intention in the usual course of events will be to complete the investigation in a much shorter timeframe given the potential risk of harm may often increase as time passes following the potential breach.
Where there is a strong initial belief that a data breach may have occurred and is likely to result in serious harm to one or more individuals, the Fund must carry out a reasonable and expeditious investigation to determine whether there are reasonable grounds to believe that a breach has occurred.
4.1.3. Determination of Breach
Once the investigation of facts has concluded a determination is to be made as to whether a breach has actually occurred. This determination will consider the facts of the event to determine if there was in fact unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information. If such facts are established a data breach is deemed to have occurred.
Where there are no reasonable grounds to believe that a breach has occurred, no further action will be taken. Where there are reasonable grounds to believe that a breach has occurred, the breach requires a response.
4.1.4. Breach Response
If a determination has been made that a breach exists, the following response steps need to be undertaken:
- Containment and Assessment
- Evaluation of Risks
- Future Prevention
While these are listed as discrete steps, it is expected that they will regularly be conducted simultaneously given the potential integration between the steps.
188.8.131.52. Containment and Assessment
Once a breach has been determined to have occurred all effort should be taken to contain the breach. This has dual aims:
- Reducing the scope of the breach – the number of individuals affected,
- Reducing the severity of the breach – the likely harm caused to the affected individuals.
Remedial action may include human or technical controls, and may include the use of internal or external parties and may include disclosure. In order to determine the appropriate remedial actions, an assessment should be made as to the nature of the breach building on the information already provided by the notifier. The Fund maintains standing human and technical controls to contain potential data breaches in accordance with the IT and Data Security Framework.
Consideration will also be given at this stage as to whether the events that caused the breach, or the potential impacts of the breach, may constitute a business continuity event in accordance with the Business Continuity Plan.
184.108.40.206. Evaluation of Notifiability
Following containment, an evaluation of the risks presented by the breach is to be undertaken to determine whether or not a notifiable breach has occurred. A notifiable breach occurs where:
- The breach is likely to result in serious harm to one or more individuals; and
- The Fund has not been able to prevent the likely risk of serious harm with remedial action taken in the previous step.
In determining the likelihood of serious harm, consideration will be given to:
- The nature and sensitivity of the data;
- The initial and ongoing existence of security systems protecting the data;
- The persons or kind of persons who have obtained, or could obtain, the data; and
- The nature of the potential harm that could be caused.
Once it is determined that the breach is a notifiable breach an assessment is to be undertaken to identify who needs to be made aware of the breach. Where the data breach has occurred because of the actions of an external party who also holds the data, the Trustee will generally take responsibility for completing relevant notification obligations.
220.127.116.11.1. Regulators and Agencies
Where a notifiable breach has occurred, the Trustee must notify the Office of the Australian Information Commissioner (OAIC) as soon as practicable by lodging a Notifiable Data Breach Statement (“statement”) which must include:
- The identity and contact details of the Fund;
- A description of the breach and the grounds on which it is believed to have occurred;
- The kind, or kinds, of information involved; and
- Recommendations about the steps individuals should take in response to the breach.
Where the breach is not a notifiable breach, the Trustee may still determine it appropriate to notify the OAIC by having regard to the likelihood that the OAIC may receive complaints or enquiries in relation to the breach.
18.104.22.168.2. Affected Individual(s)
Where a notifiable breach has occurred, the Trustee must, as soon as practicable after completing the statement:
- Notify all individuals at risk of serious harm; or
- Where not practicable because the Fund cannot reasonably identify all individuals at risk of serious harm, notify all individuals potentially affected by the breach; or
Where this is not practicable because the Trustee cannot reasonably identify all individuals potentially affected by the breach, publish a copy of the statement given to the OAIC on its website and take reasonable steps to publicise its content.Where the breach is not a notifiable breach, the Trustee may still determine it appropriate to notify the affected individual(s) by having regard to the ability of the individual to avoid or mitigate harm if notified and any impact the notification may have on the conduct of an investigation into the incident.
Where notification is to occur, careful consideration should be given to who makes the notification, and what information is provided. This should include any information included in the statement as well as details of the complaints process as outlined in the Dispute Resolution Plan and of how to lodge a complaint with the OAIC.
22.214.171.124.3. Internal and External Parties
Internal parties and external parties (namely service providers) should be notified of a data breach where:
- The breach arose from an action taken by that party, in part or in full;
- Actions taken in response to the breach will have an impact on that party; or
- Actions are required by that party in response to the breach.
Once the initial work of identifying, containing, and reporting on a breach has been undertaken, further consideration should be given to measures that can prevent a data breach of similarly characteristics occurring again in the future. The prevention step focuses on identifying the root causes of the breach and preventing future recurrences of the breach. This will include fully investigating the cause of the breach and reaching the appropriate conclusions on how the breach came about.
Actions should be identified to prevent future recurrence, such as making appropriate changes to policies, procedures or systems, in particular this policy or the IT and Information Security Framework, and conducting training for internal or external parties.
4.2. Reporting and Documentation
All actual data breaches, or suspected breaches still under investigation, will be reported on a quarterly basis to the Audit & Compliance Committee in accordance with the Compliance Program (for controls adequacy implications) as well as to the Community Engagement Committee (for stakeholder servicing implications).ii
All investigations and findings should be fully documented and records maintained for future reference.
5. Privacy Officer
The Trustee will at all times have an appointed Privacy Officer, who shall have the responsibility as outlined through this policy. The appointed Privacy Officer at the time of this policy being approved is included in Appendix B.
6. Staff Training
All employees will receive annual training on the requirements of this policy.iii
7. Public Disclosure
The details of how an individual is to contact the Privacy Officer must be made available on the Fund’s website.
8. Enquiries and Complaints
If a member is concerned about a possible interference with privacy, the member should notify the Privacy Officer in writing. Such a concern may be treated as a complaint in accordance with the Complaints Handling Policy, which is outlined in the Product Disclosure Statement. If the member’s concerns are not resolved to the satisfaction of the member, the matter can be referred to the Australian Financial Complaints Authority. If the matter is still not resolved to the satisfaction of the member, the matter can be referred to the Office of the Australian Information Commissioner.