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1. Privacy for Strata Managers & Owners
Corporations / Bodies Corporate
(Last updated 13 February 2012)
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

2. How Long has the Privacy Act Applied
to Strata?
• Since 1988!
• Because an OC discloses
personal information
for a benefit , service or
advantage
• What strata managers
do as a contractor
under Privacy laws
binds the OC
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

3. Dispelling Some Privacy Act Myths
• Privacy relates to
individuals – wrong, it’s
about organisations and
what they do with
personal information
• Privacy stops information
flow – wrong, it just
regulates how
information is collected,
used, disclosed and
stored
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

4. Personal Information Collected by
Managers for OC’s & BC’s
Names
Tenancy details
Owners credit
card details
Addresses
Property
descriptions and
valuations
Bank account
details for
suppliers
Email addresses
Telephone
numbers
Sometimes proof
of personal
identification
© Copyright 2012 Teys Lawyers
2011
www.teyslawyers.com.au

5. What Do Strata Managers Do With
This Owners Corporation Information?
What?
Allowed or not?
Give it to strata inspectors and purchasers Required by strata management laws but
in certificates
must be given strictly in accordance with
strata laws to be allowable under Privacy
Act
Give it to the executive committee and
other owners
Allowed under National Privacy Principles
with a policy
Give it to web hosting companies
Allowed under National Privacy Principles
with a policy
Give it to strata management software
providers
Allowed under National Privacy Principles
with a policy
Give it to associated suppliers for cross
marketing (e.g. banks )
Not allowed under National Privacy
Principles without a policy and express or
implied consent
Throw it in the rubbish (paper and
© Copyright 2011
redundant2012 Teys Lawyers
IT)
Not allowed under National Privacy
www.teyslawyers.com.au
Principles

6. NPP 1 - Collection
• Information must be
necessary
• Collection must be fair
and reasonable
• Information about
collection must be given
as soon as practicable
• Collection to be from
the person concerned
so far as possible
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

7. NPP 2 – Use and disclosure
• Must be used only for
the primary purpose
collected
• Secondary purpose use
permitted only with
consent ( opt out ?)
• Privacy Act does not
override strata law
obligations to provide
information
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

8. NPP 3 – Data Quality
• Must take reasonable
steps to make sure the
information it collects
uses or discloses is
accurate , complete ,
and up to date
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

9. NPP 4 – Data Security
• Must take reasonable
steps to protect
Personal information
form misuse and loss by
unauthorized access ,
modification and
disclosure
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

10. NPP 5 - Openness
• Must set out in a
document clearly
expressed polices on
the management of
personal information
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

11. What Should Owners and their
Managers Do to Manage Privacy?
• Limit information
collected to that
which is absolutely
necessary
Limit
© Copyright 2012 Teys Lawyers
2011
Protect
• Secure info
electronically and
give traceable
access only
• Develop privacy
policies and audit
document security
processes
Check
www.teyslawyers.com.au

12. How We Can Help You With Privacy
• Privacy policies & website
terms of use for strata
management companies
• Privacy policies for OC’s &
BC’s
• Standard motions for
OC’s
• Training for committees &
managers
• Compliance audits
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

13. About The Presenter
Michael Teys is the Founder and Principal Lawyer of TEYS
Lawyers. He has a Bachelor of Laws and practices exclusively in
the area of strata title law. He is a Fellow of the Australian
College of Community Association Lawyers. He was formerly an
Adjunct Lecturer with Charles Sturt University. He appears
weekly on SKY News Business Channel's Property Success with
Margaret Lomas and is a regular panellist for the property
edition of Your Money, Your Call for the same channel. You can
find out more about Michael at www.michaelteys.com and
follow him on Twitter @MichaelTeys
TEYS Lawyers practice nationally in strata title law representing owners
corporations, bodies corporate and apartment owners. The firm’s practice groups
include building defects, management rights, strata community disputes, by-laws
and rules and levy and fee collection.
Subscribe for their free e-newsletter StrataSpace and find out more about them at
www.teyslawyers.com.au
© Copyright 2012 Teys Lawyers
2011
www.teyslawyers.com.au