WEST GATE TUNNEL PROJECT - PRIVACY POLICY

(2019)

The Victorian Government and Transurban Limited (Transurban) are partnering to build the West Gate Tunnel Project (Project).

The Project is being delivered on behalf of the Victorian Government by the West Gate Tunnel Project, Major Transport Infrastructure Authority (WGTP MTIA). MTIA is an administrative office in relation to the Department of Transport established under the Public Administration Act 2004.

The WGTP MTIA collects personal information about individuals who are interested in or affected by the Project, as well as information about their employees and contractors.

The WGTP MTIA is required to comply with the Victorian Privacy and Data Protection Act 2014 (PDP Act), and the Information Privacy Principles (IPPs) set out in the PDP Act, which govern the collection, storage, use, disclosure, handling and disposal of personal information by Victorian Government organisations. The WGTP MTIA must also comply with the Victorian Health Records Act 2001 (HR Act) and the Health Privacy Principles (HPPs) if it collects health information.

Transurban also collects personal information about individuals in connection with the Project and is bound by its agreement with the State of Victoria to comply with the IPPs and HPPs in relation to such personal information. Transurban is also otherwise required to comply with the Commonwealth Privacy Act 1988.

This Privacy Policy sets out the WGTP MTIA's policies on how it manages personal information it collects for the purpose of the Project, and the steps an individual must take in order to have access to their personal information.

Definitions

In this Privacy Policy:

We/us means the West Gate Tunnel Project team of the Major Transport Infrastructure Authority.

Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in material form or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion. Personal information may include a person's name, physical and email addresses, telephone number, information about the person's financial position, family, education and employment history and expressed opinions as well as photographic or digital images of the person and their home.

Health information is defined in the HR Act, and includes information/opinion about an individual’s (including a deceased individual's) physical, mental or psychological health, disabilities, or genetic make-up, about health services provided to the individual (or the individual's expressed wish in relation to such services) and organ donation by or to the individual.

Sensitive information is personal information/opinion about an individual’s racial or ethnic origin, political opinions or membership of a political association, religious beliefs or affiliations, philosophical beliefs, professional, trade union or trade association membership, sexual preferences or practices or criminal record.

Collection of personal information

We collect personal information for various purposes connected with the Project, including personal information about:

  • Project stakeholders, ie. individuals who have, or who work for or belong to organisations which have, an interest in or may be affected by the Project,
  • individuals who are, or who work for, our contractors (including Transurban and its subcontractors), consultants, advisers and service providers, and
  • our employees and prospective employees.

We collect personal information about Project stakeholders in a number of situations, including:

  • when we receive solicited or unsolicited correspondence from members of the public, including through any interactions on social media,
  • when we conduct community information sessions, door knock campaigns and other awareness-raising and engagement activities,
  • in the submissions, survey responses and other material we receive through our consultation activities (including on-line surveys utilising proprietary software such as Survey Monkey or Survey Gizmo – see the section on “SurveyMonkey and SurveyGizmo” below),
  • when we receive complaints, enquiries or information requests, and
  • when we need to engage with landowners, residents or businesses about the acquisition or occupation of land.

We collect personal information about contractors and employees when we undertake procurement or recruitment activities as well as in the course of managing the ongoing contractual or employment relationship.

We may collect personal information through face to face engagement, telephone, email, correspondence and through the Project website (www.westgatetunnelproject.vic.gov.au).

Where it is reasonably practicable to do so, we collect personal information directly from the individual concerned. However, it is often necessary for us to collect personal information from third parties. For example:

  • Transurban and its Project subcontractor (CPB John Holland Joint Venture (CPBJH)) undertake various activities which require engagement with and collection of personal information from Project stakeholders. Sometimes it will be necessary for Transurban or CPBJH to share personal information it has collected with us. For example, if a person complains to us about their dealings with Transurban or CPBJH, we may need to access any information they hold about the individual in order to investigate the complaint.
  • We will often receive personal information about an individual from a person who is acting on his or her behalf. For example, a person may provide personal information about other people living in a house we may need to acquire, a company may provide personal information about its employees in a tender response, or a community group may provide personal information about its members in a submission about the Project. We will often be able to satisfy ourselves that the person providing the information is authorised to do so by the individuals concerned, but there may be situations, particularly where sensitive information or health information is involved, where we will require the person to provide a warranty that the other individuals have consented or to provide evidence of that consent.
  • Where we need to contact a landowner or resident in relation to the acquisition or occupation of property, we may need to obtain proprietor details and property information from third parties, including the local council and Land Victoria.
  • Our call centre is operated by a contractor to the Victorian government. The call centre receives calls from the public about the Victorian Government's major transport infrastructure projects (including Level Crossing Removal Project, the Metro Tunnel Project, the North East Link Project and Major Road Projects) and discloses that information to the appropriate personnel working on each project. The call centre is required to keep personal information about each project separate, and to only disclose information relating to the Project to us.
  • If you are applying for the West Gate Neighbourhood Fund (Fund) grants program, by submitting your application through the application platform that is accessible through our website, we may collect your personal information from third parties such as Tribus (the company that manages the application platform), and local councils relevant to the Fund (eg. Hobsons Bay City Council and the City of Maribyrnong) for the purposes of assessing your application and administering the grants program.

Social media

Social media accounts managed by the WGTP MTIA include but may not be limited to the following social media platforms: Linkedin, Twitter, YouTube, Instagram and Facebook. Personal information that is collected by these social media platforms will be handled in accordance with their respective privacy policies.

If you choose to engage with the WGTP MTIA via social network channels including Linkedin, Twitter, YouTube, Instagram or Facebook you should be aware of the following.

  • The WGTP MTIA only collects information that you voluntarily provide via polls, responses, posts, comments, direct messages and tweets.
  • Your social media profile contact details may be used to contact you for feedback or to engage you in conversation. All contact will be made via the channels you choose to participate in.
  • Any information you post on social media sites is potentially accessible to anyone else engaging with the same social media.
  • Your individual privacy settings for profiles and accounts on social media networks are your responsibility. The WGTP MTIA has no control or jurisdiction over these settings.
  • Each social network has inbuilt privacy settings. We strongly recommend that you regularly check and configure the privacy settings for your profiles and accounts to make sure that you know what information you are making available, and to which audience.
  • When you choose to join our social networks and/or participate in any way, some of your personal information may be made visible to others. For example, if you choose to: ‘Like’ an WGTP MTIA post, tweet, comment or update; share a link; follow on Twitter; tweet a mention or retweet a message; or join a Facebook Group, your activity may be made visible to others within these networks.

Electronic Direct Mail (EDM) & Newsletter Subscription

The WGTP MTIA uses both internally built mail distribution software and third-party vendors to provide online communication services for some email campaigns and newsletter services.

In subscribing to newsletters, you are providing the WGTP MTIA with personal information, which we will not disclose for any other purpose without your consent.

You can unsubscribe at any time and your email address will be moved to a 'do not contact' email database. To do this, click on the unsubscribe link within each email or newsletter type you have previously subscribed to.

Subscriptions supported by third-party vendors only share details to assist with managing delivery, technical issues and the prevention of fraud or security issues. They include but may not be limited to:

Your information will be stored on secure databases which reside in Australia, and the USA. If you do not want your personal information being stored offshore, please do not submit personal information to us.

Sensitive information and health information

We do not usually collect sensitive information or health information about Project stakeholders. However, there may be situations where it is necessary to do so (for example, where a person has a health condition which may be affected by Project works).

Where we do need to collect sensitive information or health information, we will first obtain the consent of the individual concerned, although we are permitted to collect such information without consent in limited circumstances (for example, where collection is necessary to prevent or lessen a serious and imminent threat to life or health, or to establish or defend a legal claim).

Notification of collection

We are required to take reasonable steps to ensure that individuals are given certain details when we collect their personal information. Those details are:

  • who we are and how to contact us,
  • the fact that the individual can access the information,
  • the purposes for which the information is collected,
  • the persons or types of persons to whom we would usually disclose information of that kind,
  • any law that requires the information to be collected, and
  • the main consequences for the individual if the information is not collected.

When we collect personal information directly from the individual, these details will be set out in a collection notice. A collection notice may be a:

  • printed notice handed to, or on a form completed by, the individual,
  • notification on the website through which information is collected, or
  • recorded message played when information is collected by telephone.

Third parties who provide personal information to us are usually required to take reasonable steps to ensure that the individual concerned is made aware that their personal information may be provided to the WGTP MTIA.

Collection of information through our website

Cookies and web server logs

We use cookies and web server logs to track and analyse use of our website. A cookie is a small data file placed on the hard drive of a computer when it accesses a website to gather statistical information about the use of the site. A web server log is a file created by the webserver which records the activities it performs. These tools provide us with general data about site usage, including the user's IP address, number of visits, date and time of visits, pages viewed, browser types and methods of navigation. We use the information collected by these tools to update and improve our website. A cookie does not retrieve data from the user's computer or capture the user's email address, and we will make no attempt to identify an individual user or their browsing activity.

Cookies may be disabled by selecting the appropriate settings in the user's browser, although this may limit the use of the full functionality of our website.

Google Analytics and Facebook pixel

Our website uses Google Analytics from time to time. Google Analytics uses the information generated by cookies to evaluate and compile reports on site usage and to provide other services relating to website activity and internet usage. For this purpose, information collected by Google Analytics may be transmitted to and stored on servers maintained by Google Inc. in the United States. Google Inc. may disclose this information to third parties where required to do so by law or where such third parties process the information on its behalf, but does not associate user IP addresses with other data it holds. Further information is available from the Google Privacy Center.

Third parties (including Facebook) may use cookies, web beacons and other storage technologies to collect or receive information from our website and elsewhere on the internet and use that information to provide measurement services and target ads. You can opt out of the collection and use of information for ad targeting by visiting this link https://www.facebook.com/help/568137493302217.

Third party links

Our website may contain links to other websites. We are not responsible for privacy of personal information submitted to or via any linked website.

SurveyMonkey and SurveyGizmo

We use both internally built survey software and third-party vendors for the collection, aggregation and analysis of some survey data.

They include, but may not be limited to:

The information you provide is stored in secure data warehouses in either Australia or the United States and is accessed by the WGTP MTIA in accordance with each privacy policy.

If you do not want your personal information being stored offshore, you can decline to provide this information by not responding to these surveys.

Use and Disclosure

We are permitted by the IPPs to use or disclose personal information we collect for the primary purpose for which it was collected and for any other purpose that is related to that primary purpose and that is within the reasonable expectation of the individual to whom the information relates.

Such purposes may include:

  • responding to queries and requests for information,
  • recording and assessing feedback from, and providing updates and other information about the Project to, Project stakeholders,
  • undertaking formal consultation or notification activities, for example in relation to Project planning and works,
  • progress the planning, development and delivery of the Project,
  • verifying identity and completing background checks (particularly of individuals involved in tenders and applications for employment with the Project), or
  • giving notices and conducting other activities relating to land acquisition.

For these purposes we may disclose personal information to the following persons or types of persons:

  • to Transurban and/or CPBJH, for the purpose of undertaking activities which require engagement with Project stakeholders (for example where an individual has raised an issue about the Project which Transurban or CPBJH needs to investigate or deal with)
  • to other contractors, service providers and consultants, where the disclosure is necessary for the provision of the services we have engaged them to provide, and
  • for purposes related to the acquisition of land, to local councils, land-valuers and Land Victoria.

In limited circumstances, we may also disclose personal information to staff of the Department of Transport, who are required to not access personal information unless they have a clear need to do so in order to perform their job role.

We may also use and disclose personal information for other purposes with the individual's consent, and where we are required or authorised by law. For example, the PDP Act authorises disclosure of personal information to law enforcement bodies for law enforcement purposes, to establish or defend a legal claim and to prevent serious and imminent threat to life or health.

We will not use your contact details or other personal information to send you updates or information about the Project unless you have requested us to do so. You can opt-out of receiving this material at any time, either by using the link provided or by contacting us using the details listed at the end of this Privacy Policy. We do not use personal information for direct marketing purposes.

We will not publish photographs or digital images from which an individual may be identified without the individual's consent.

We generally will not disclose sensitive information or health information without the consent of the individual concerned, although we are permitted to do so in limited circumstances (for example, where use or disclosure is necessary to prevent or lessen a serious and imminent threat to life or health, or to establish or defend a legal claim).

Where there is a substantial public interest in us collecting, using or disclosing personal information in a manner which would not otherwise be authorised by the IPPs, the PDP Act provides for us to obtain a public interest determination or approval of an information usage arrangement, which will enable us to undertake the collection, use or disclosure without contravening the IPPs or the PDP Act.

Data Quality

We will take reasonable steps to ensure that personal information we hold is accurate, complete and up to date.

We rely on you to help us keep your personal information up-to date. If you find that the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact the persons listed at the end of this Privacy Policy.

Data Security

We will take reasonable steps to protect the personal information that we hold from misuse and loss and from unauthorised access, modification or disclosure. The measures we take to ensure the security of the personal information we hold include the following.

  • We require all our employees who have access to personal information to undergo privacy training. We also require our contractors (including Transurban and CPBJH) and service providers to ensure that any of their staff who may have access to personal information held in relation to the Project have undertaken privacy training and are subject to enforceable obligations to comply with the IPPs.
  • Most Stakeholder information (apart from information related to our property acquisition activities) is stored in the WGTP MTIA's Consultation Manager database. Access to Project-related data in Consultation Manager is limited to our staff, staff of our call centre and, staff of Transurban and CPBJH, who have a clear need to access personal information about Project stakeholders in order perform their job role. The access arrangements are regularly reviewed to remove those who no longer require access .
  • Other personal information (including information related to our property acquisition activities) is held in secure servers maintained in Victoria by the Department of Transport. Access to this information is limited to our staff who have a clear need to access the personal information to perform their job role. Access controls are applied and monitored in accordance with the Department of Transport's data access policies.
  • Security of systems for storage and handling of personal information we hold in connection with the Project is maintained in accordance with the applicable Protective Data Security Standards with which the Department of Transport is required to comply by the PDP Act.

Access and Correction

You have the right to access and correct information about you held by us. To request access or other changes to your information, please contact us by any of the methods set out in the “Contact Us” section of this website. If your request is simple and only relates to you, we may be able to process it informally and without cost.

Where informal access or correction cannot be provided (for example, where this could affect another persons’ privacy or relates to a commercial activity) you will be required to make a formal application under the Freedom of Information Act 1982. Charges may be applied for processing requests under that Act. Please see our Freedom of Information statement.

Unique Identifiers

We do not collect any government-related identifiers (such as a driver licence number or Medicare number).

Anonymity

We will allow individuals to interact with us anonymously wherever possible.

However, sometimes it may not be possible for us to provide information, deal with a complaint or perform other functions if we do not know the identity of the person we are dealing with.

Transborder Data Flows

We generally do not transfer personal information to persons outside Victoria and will not do so unless we have obtained the consent of the individual concerned or the transfer is otherwise authorised by the PDP Act.

Our call centre is located in Melbourne. Personal information about contractors and employees is stored in Department of Transport servers which are located in Victoria.

Stakeholder information stored in our Consultation Manager database is held in Queensland. As the operator of Consultation Manager is required to comply with the Commonwealth Privacy Act 1988, personal information transferred to Queensland is subject to a law or binding arrangement which provides an equivalent level of privacy protection to the IPPs.

Complaints

Complaints or concerns about our collection or handling of personal information, or the collection or handling of personal information in connection with the Project by Transurban, CPBJH or any of our other contractors or service providers, should be addressed in the first instance to our Privacy Officer by phone at 1800 105 105 or email privacy@wgta.vic.gov.au.

If you are dissatisfied with the way we handle your complaint, you may complain to the Office of the Victorian Information Commissioner by downloading a copy of the its privacy complaint form from ovic.vic.gov.au, completing it and sending it by post to Office of the Victorian Information Commissioner, PO Box 24274, Melbourne VIC 3001 or by email to enquiries@ovic.vic.gov.au

Privacy Contacts

To discuss any privacy concerns please contact us.

Write to:
Locked Bag 28
SOUTH MELBOURNE
VIC 3205
Phone:
1300 280 939
Email:

Alternatively, contact the DEDJTR Privacy Team:

Write to:
GPO Box 4509
MELBOURNE
VIC 3001
Phone:
(03) 8392 6329
Email:

Further Information

Privacy and Data Protection Act 2014:

Write to:
Office of the Commissioner for Privacy and Data Protection
PO Box 24014
MELBOURNE
VIC 3001
Website:
Phone:
1300 666 444
Email:
enquiries@cpdp.vic.gov.au

Health Records Act 2001:

Write to:
Office of the Health Services Commissioner
Level 26
570 Bourke Street
MELBOURNE
VIC 3000
Website:
Phone:
1300 582 113
Email: