What is personal information?
Personal information is any information or an opinion, whether true or not, which identifies an individual. Personal information includes any information about an identifiable individual, including names, addresses, telephone numbers, email addresses and dates of birth. When personal information concerns certain matters it is considered sensitive information.
Sensitive information is information or opinion about an individual’s:
- racial or ethnic origin;
- political opinions;
- membership of a political association;
- religious beliefs, affiliations or philosophical beliefs;
- membership of a professional or trade association or membership of a trade union;
- sexual preferences or practices;
- criminal record;
- health or disability.
How KCL Law collects personal information
KCL Law will typically collect personal information directly from the individual to whom the information relates. This may occur in a number of contexts, for example when taking instructions from or otherwise interacting with clients, when persons browsing our website submit requests for information or materials, or when we receive other enquiries (including but not limited by email) from members of the public. On occasions KCL Law will collect personal information from someone other than the person to whom the information relates, for example in the course of working on a matter for a client, where information, relevant to the matter about others is provided to us. KCL Law typically does this if it is reasonably necessary for, or relates to, the provision of legal services to clients.
How KCL Law uses personal information
KCL Law collects personal information about its clients from them for the purposes such as:
- to provide them with legal services and serve them as a client;
- to process and collect payments for legal services; and
- to advise them of legal developments and to undertake other marketing activities where they have consented to the same or as otherwise permitted under privacy laws and other laws and regulations such as those governing direct marketing and SPAM.
KCL Law may also use personal information about persons who are not clients for marketing purposes where such use is permitted under privacy laws and other laws and regulations such as those governing direct marketing and SPAM.
What happens if you don’t provide personal information
If as a client you do not provide the personal information KCL Law requests, KCL Law may not be able to provide you with effective legal services.
When might KCL Law disclose personal information?
KCL Law has a duty to maintain the confidentiality of its clients’ affairs including personal information. This duty of confidentiality applies except where disclosure of the personal information is:
- With the client’s consent
o The client may consent either expressly or consent may be implied from conduct. Where the provision of legal services to a client requires disclosing their personal information to a third party (eg. barristers and expert witnesses) their consent would be implied when they engage KCL Law unless they tell us otherwise.
- Compelled by Law
o For example: in response to a subpoena.
Except as set out in this policy KCL Law will not, without your consent, provide your personal information to a third party, or make any other use of your personal information, for any purpose.
If we engage a third party contractor to perform services which involves handling personal information, KCL Law takes reasonable steps to prohibit the contractor from using or disclosing personal information except for the purposes for which it was supplied.
Direct marketing and privacy
From time to time KCL Law may use the personal information it collects about individuals to identify particular services and/or information which it believes may be of interest and benefit to them, where permitted at law. KCL Law may contact individuals to let them know about these services and information and how they may benefit them. We will do so only in accordance with laws regarding such dissemination. Please contact us if you do not want to receive or continue to receive any of this information.
Transferring your personal information overseas
KCL Law does not typically transfer personal information overseas unless KCL Law is authorised by law to do so or you as a client have consented to it as part of the legal services KCL Law provides. On occasions we may have some word processing/ typing work performed for us by a specialised business located in India that routinely performs such work for legal and other professional services firms. In the course of doing so some personal information (including but not only about clients) may be disclosed overseas. The contracted business has strict policies and processes are over and above standard IT measures, including firewalls and anti-virus packages and other server and security measures that are deployed to ensure data security and privacy.
Access to your personal information
You may request access to any of the personal information KCL Law holds about you. KCL Law will, on request, provide you with access to the personal information KCL Law hold about you, unless there is an exemption which applies under the Privacy Act. For example, KCL Law may refuse you access to personal information where KCL Law has a legal duty of confidentiality or non-disclosure.
Your request for access will be dealt with in a reasonable time. KCL Law may charge you a fee to cover the reasonable cost of retrieval and the supply of the information to you. Please provide sufficient detail about the information in question to help us locate it.
If KCL Law refuses your request for access, it will provide you with reasons for the refusal.
Accuracy of your personal information
If KCL Law has accurate personal information about you, it enables KCL Law to provide you with the best possible service.
KCL Law takes reasonable steps to make sure that the personal information it collects, uses and discloses is accurate, complete and up to date. Please contact KCL Law immediately if you believe that the personal information KCL Law holds about you is inaccurate, incomplete or out of date. KCL Law will take reasonable steps to make sure your personal information is corrected in a timely fashion.
Security of your personal information
KCL Law protects personal information from loss, misuse, modification and disclosure. KCL Law uses industry standard safeguards to ensure the security of personal information through physical, electronic and managerial procedures.
- security monitoring of premises;
- code only access and alarm systems to prevent outside access to your personal information;
- internal policies in relation to secure computer use.
Employees of KCL Law access personal information only in order for them to carry out their employment. Our employees are committed to maintaining client confidentiality.
How to contact us
The Privacy Officer
Level 4, 555 Lonsdale Street
Melbourne, Victoria, Australia 3000
Phone: +61 3 8600 8888
DX 343 Melbourne
KCL Law will respond to your query as soon as possible.
Last update: March 2014
Visit www.privacy.gov.au, an Australian government privacy website, for more information about privacy issues in Australia.