Data Protection Policy
The Waikato Winter Show Association needs to collect and use certain types of information about the Individuals or Service Users who come into contact with the Association in order to carry out our work. This personal information must be collected and dealt with appropriately whether it is collected on paper, stored in a computer database, or recorded on other material, and there are safeguards to ensure this under the Data Protection Law in the Privacy Act 1993.
The Waikato Winter Show Association is the Data Controller under the Act, which means that it determines for what purposes personal information held, will be used.
The Waikato Winter Show Association may share data with other agencies such as the local authorities, funding bodies, show partners and other voluntary agencies.
The Individual/Service User will be made aware in most circumstances how and with whom their information will be shared. There are circumstances where the law allows the Waikato Winter Show Association to disclose data (including sensitive data) without the data subject’s consent.
- a) Carrying out a legal duty or as authorised by certain Government bodies
- b) Protecting vital interests of an Individual/Service User or other person
- c) The Individual/Service User has already made the information public
- d) Conducting any legal proceedings, obtaining legal advice or defending any legal rights
- e) Monitoring for equal opportunities purposes – i.e. race, disability or religion
- f) Providing a confidential service where the Individual/Service User’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Individuals/Service Users to provide consent signatures.
The Waikato Winter Show Association regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal.
The Waikato Winter Show Association intends to ensure that personal information is treated lawfully and correctly.
To this end, the Waikato Winter Show Association will adhere to the Principles of Data Protection, as detailed in the Data Protection Law in the Privacy Act 1993.
Specifically, the Principles require that personal information:
- a) Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met
- b) Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purpose
- c) Shall be adequate, relevant and not excessive in relation to those purpose(s)
- d) Shall be accurate and, where necessary, kept up to date
- e) Shall not be kept for longer than is necessary
- f) Shall be processed in accordance with the rights of data subjects under the Act
- g) Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information
- h) Shall not be transferred to a country or territory outside Australasian Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of Individuals/Service Users in relation to the processing of personal information
The Waikato Winter Show Association will, through appropriate management and strict application of criteria and controls:
- Observe fully conditions regarding the fair collection and use of information
- Meet its legal obligations to specify the purposes for which information is used
- Collect and process appropriate information, and only to the extent that it is needed to fulfil its operational needs or to comply with any legal requirements
- Ensure the quality of information used
- Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:
- The right to be informed that processing is being undertaken,
- The right of access to one’s personal information
- The right to prevent processing in certain circumstances and
- The right to correct, rectify, block or erase information which is regarded as wrong information
- Take appropriate technical and organisational security measures to safeguard personal information
- Ensure that personal information is not transferred abroad without suitable safeguards
- Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information
- Set out clear procedures for responding to requests for information
Informed consent is when:
- An Individual/Service User clearly understands why their information is needed, who it will be shared with and the possible consequences of them agreeing or refusing the proposed use of the data
- And then gives their consent.
The Waikato Winter Show Association will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a form.
When collecting data, The Waikato Winter Show Association will ensure that the Individual/Service User:
- a) Clearly understands why the information is needed
- b) Understands what it will be used for and what the consequences are should the Individual/Service User decide not to give consent to processing
- c) As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
- d) Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
- e) Has received sufficient information on why their data is needed and how it will be used
Information and records relating to service users will be stored securely and will only be accessible to authorised staff and volunteers.
Information will be stored for only as long as it is needed or required and will be disposed of appropriately.
It is the Waikato Winter Show Association’s responsibility to ensure all personal, association and company data is non-recoverable from any computer system previously used within the organisation, which has been passed on/sold to a third party or otherwise disposed of.
- Data access and accuracy
All Individuals/Service Users have the right to access the information the Waikato Winter Show Association holds about them. The Waikato Winter Show Association will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.
In addition, the Waikato Winter Show Association will ensure that:
- It has a Privacy Officer (as per Section 23 of the Privacy Act) with specific responsibility for ensuring compliance with Data Protection
- Everyone processing personal information understands that they are contractually responsible for following good data protection practice
- Everyone processing personal information is appropriately trained to do so
- Everyone processing personal information is appropriately supervised
- Anybody wanting to make enquiries about handling personal information knows what to do
- It deals promptly and courteously with any enquiries about handling personal information
- It describes clearly how it handles personal information
- It will regularly review and audit the ways it holds, manages and uses personal information
- It regularly assesses and evaluates its methods and performance in relation to handling personal information
- All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them
The Waikato Winter Show Association databases have value to us. They are collected either directly (i.e. surveys or newsletter sign-up), or indirectly (by contractor(s) i.e. for the school day out programme on our behalf). While the information in some cases is publicly available (i.e. the list of schools in the area) the collation of this information, the recording of contacts, and the rapport that is developed is highly valuable to our organisation.
Where the information is publicly available, the sharing of the full database is restricted only to those who are looking to support the Waikato Show. The sharing of the full database may require an exchange in agreed value, either by contra or monetary items.
Where the information is not publicly available (i.e. best contact person, notes, and personal information that is gathered through the relationships) the full database is NOT to be shared. However, an introduction email to both parties is acceptable, or sharing of a person’s contact information allowed only when prior consent has been obtained.
This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Law in the Privacy Act 1993.
In case of any queries or questions in relation to this policy, please contact the Waikato Winter Show Association Privacy Officer.
Glossary of Terms
Data Controller – The person who (either alone or with others) decides what personal information The Waikato Winter Show Association will hold and how it will be held or used.
Data Protection Law in the Privacy Act 1993 – The NZ legislation that provides a framework for responsible behaviour by those using personal information.
Privacy Officer – The person(s) responsible within the organisation that ensure The Waikato Winter Show Association follows its data protection policy and complies with the Data Protection Law in the Privacy Act 1993.
Individual/Service User – The person/s or organisation whose personal information is being held or processed by The Waikato Winter Show Association for example: a client/customer, an employee or supporter, or stakeholder/partner.
Explicit consent – is a freely given, specific and informed agreement by an Individual/Service User in the processing of personal information about her/him. Explicit consent is needed for processing sensitive data.
Privacy Commissioner – The NZ Privacy Commissioner responsible for implementing and overseeing the Data Protection Law in the Privacy Act 1993.
Processing – means collecting, amending, handling, storing or disclosing personal information.
Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual volunteers or employees within The Waikato Winter Show Association.
Sensitive data – refers to data about:
- Racial or ethnic origin
- Political affiliations
- Religion or similar beliefs
- Trade union membership
- Physical or mental health
- Criminal record or proceedings