24. PROTECTION OF PERSONAL INFORMATION

The TIO ensures that it operates in accordance with the National Privacy Principles contained in the Privacy Amendment (Private Sector) Act 2000, as well as Part 13 of the Telecommunications Act 1997, and the Australian Communications Industry Forum's code on customers' personal information.

Personal information gathered from complainants is forwarded to TIO Members for the purposes of investigating complaints and verifying TIO billing. If correspondence from a complainant includes unnecessary reference to a third party, or to sensitive information such as a person's racial or ethnic origin, criminal record or health, the TIO will delete this reference before forwarding the correspondence to the Member.

Relevant information provided to the TIO by TIO Members is usually forwarded to complainants in order to help resolve complaints. Where correspondence includes personal information about the Member's employees (e.g. name and contact details), the TIO deletes this reference before forwarding the correspondence to the complainant, unless the information is directly relevant to the complaint.

The National Privacy Principles outlined in the Commonwealth legislation do not prohibit TIO members from releasing complainants' details and customer care notes to the TIO in order for the TIO to investigate a complaint. However, the TIO expects Members to remove any reference in correspondence to third parties unless it is directly relevant to the complaint.

The TIO treats all complaints as confidential between the complainant, the Member and the TIO. From time to time, the TIO may provide complaint information to agencies such as the Australian Communications & Media Authority (ACMA), the Australian Competition and Consumer Commission (ACCC), the Australian Communications Industry Forum (ACIF), and other relevant bodies. However, the TIO will not forward an individual's personal information without first receiving express permission to do so, unless it is required to by law or because of legal proceedings.

The TIO's privacy policy is outlined on its website and is available in hard-copy version from the TIO's Office.