Trinity Law (‘the Firm’) is subject to the Privacy Act 1988 (‘the Act’). The Act regulates how the Firm collects, uses, stores and discloses Personal Information. In this regard, the Firm is committed to protecting the privacy of its clients, maintaining the confidentiality of their Personal Information and applying the Australian Privacy Principles (‘APP’).
1. Personal and Sensitive Information
The Firm will collect personal and sometimes Sensitive Information e.g. financial records, tax file numbers and medical records, about its clients in order to provide legal services. The Firm is committed to only collecting Personal Information which is necessary for the provision of legal services and the operation of the Firm. The provision of Personal Information by our clients is optional however the Firm’s ability to provide legal services may be limited should the client choose not to provide the required Personal Information. If that occurs, the Firm may end its retainer.
The provision of Personal Information by our clients is optional. However the Firm’s ability to provide legal services may be limited should the client choose not to provide the required Personal Information. If that occurs, the Firm may end its retainer.
The Firm will only collect Personal Information by lawful and fair means, and which is relevant to the scope of legal services required. If the need arises, further Personal Information may need to be collected from the client in the future. The Firm will not collect Personal Information unless the information is reasonably necessary for the Firm to conduct the client’s matter.
When the Firm collects Personal Information about an individual, the Firm will take reasonable steps at or before the time of collection to ensure that the individual is aware of certain key matters, such as:
3. Sensitive Information
The Firm will not collect Sensitive Information unless:
4. Disclosure by the Firm
Clients agree the Firm can disclose Personal Information to a third party e.g. other lawyers, accountants, banks, witnesses, and government agencies if it is required as part of the Firm providing legal services. The client will, if it requests the Firm in writing, be provided with details of the recipient. The Firm will use its best efforts to provide legal services without the need to disclose Personal Information and will obtain consent from the client should the need for disclosure other than in the ordinary course of the provision of legal services arise, except where the information must be provided by the Firm under:
5. Disclosure for a secondary purpose
The Firm will not use or disclose Personal Information for a secondary purpose unless
Where the firm has used or disclosed information under b – f above, the Firm will take steps as are reasonable to ensure the information is de-identified before being used or disclosed
6. Transfer of Personal Information overseas
If the Firm is required to transfer any Personal Information outside Australia, the Firm will comply with the provisions of the Act which apply to cross border data flows. The Firm will only transfer Personal Information overseas where the context of the matter requires it. The Firm will first take reasonable steps to ensure the recipient does not breach the APPs in relation to the information, except where:
Where possible, and if directed by an individual, the individual will not be required to identify themselves when dealing with the Firm in relation to a particular matter. The individual will be required to identify themselves however where:
Generally, an individual will be required to identify themselves when they are a client of the Firm. However, the Firm will not disclose a client’s identity to a third party unless the matter necessitates it, or as directed by the client. The Firm will not adopt a government related identifier of an individual (including those assigned by a state or territory) as its own.
8. Unsolicited Personal Information
If the Firm receives unsolicited Personal Information, the Firm will determine as soon as possible, whether the information is required for the client’s purposes with the Firm. If the information is not required, provided it is lawful and reasonable to do so, the Firm will either destroy the information, or ensure that it is made known to the individual.
The Firm will use all prudent methods to keep all Personal Information safe and secure from unauthorised access through the use of firewalls, anti-virus software and secure filing systems. Where the Personal Information is no longer required for the purpose for which it was disclosed, and the Firm is not required by law to retain it, the Firm will take reasonable steps to destroy the information.
10. Access to Personal Information
Clients are entitled to access their Personal Information held by the Firm, provided that one of the following exceptions does not apply:
Upon request by a client for access to Personal Information, the Firm will respond and provide access within a reasonable time, if it is reasonable and practical to do so. If the Firm refuses to give the client access to the Personal Information for a reason detailed above, the Firm must:
The Firm may charge a reasonable fee to the client for costs incurred in providing the information to the client.
11. Information integrity
The Firm wishes to maintain the integrity of the Personal Information that it holds by updating its databases as required. Clients are encouraged to notify the Firm immediately if there is a change to their Personal Information by contacting the Firm’s Privacy Officer on (02) 6163 5050.
If the Firm is satisfied that Personal Information about a client held by the Firm, having regard to the reason the Personal Information is held, is inaccurate, out of date, incomplete, irrelevant or misleading, or the client requests the Firm to update or correct the Personal Information, then the Firm will take all reasonable steps to correct the information. The client may request that the Firm update the Personal Information provided by the Firm to any other entity on behalf of the client.
Even if requested to do so, the Firm may refuse to correct Personal Information, in which case the Firm will give the client a written notice setting out:
Where the Firm has refused to correct the Personal Information of a client, the client may request that the Firm associate a statement with the Personal Information that the Personal Information is inaccurate, out of date, incomplete, irrelevant or misleading. The statement will be made apparent to users of the Personal Information.
Where a request is made by a client to update or attach a statement to the information, the Firm will respond within a reasonable period after the request is made.
12. Credit Card Information
Credit card information may be obtained for payment processing only. Credit card information is not stored on the Firm’s database, however receipts will be kept on file or with our accounts department.
13. Names and addresses
The Firm values its clients greatly. It does keep a record of clients’ names and addresses for ensuring that there is no conflict in acting for one client against another. The Firm also uses this list for its own marketing and distribution of material, and as a client, unless you tell us, the Firm assumes you agree to receive material from us. However, this information is not and will not be divulged outside the Firm, and a client can, of course, at any time, request to be removed from any list or mail or email material, and the Firm will happily do so.
The Firm is legally required to maintain files for a period of 7 years following completion of a matter. All files are held in a safe and secure location with limited access. After 7 years all files including Personal Information, will be destroyed.
The Firm will promptly correct any error about a client’s Personal Information as soon as it is brought to the Firm’s attention. Information on accessing Personal Information records may be obtained by contacting the Firm’s Privacy Officer on (02) 6163 5050.
Clients may contact the Firm’s Privacy Officer on (02) 6163 5050 if a client has any concerns or complaints about the manner in which Personal Information has been collected or handled by the Firm.
means information or an opinion about an identified individual, or an individual who is reasonably identifiable: whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.
that is also Personal Information; or
means a situation described in paragraph 16B of the APPs.