Privacy Policy
PRIVACY AND CONFIDENTIALITY
D’Agostino Solicitors Pty Ltd is committed to protecting the privacy and confidentiality of our clients’ personal and sensitive information. This policy outlines how we collect, use, disclose, and protect personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), as well as the Legal Profession Uniform Law (NSW).
Definitions
Personal Information: Information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not.
Sensitive Information: A subset of personal information that includes information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs, sexual orientation, criminal record, health information, and other similar information.
Confidential Information: Information that is not public knowledge and is considered private, including client communications, case details, and any other information deemed confidential by law or contractual agreement.
Collection of Information
Employees must collect personal and sensitive information only where it is reasonably necessary for legal or directly related functions and activities. Information may be collected through various means including:
- Direct interactions with clients (e.g., consultations, emails, phone calls)
- Online forms and submissions
- Third-party sources where authorized or required by law
Use and Disclosure of Information
Employees may use personal and sensitive information solely for the purposes for which it was collected, including:
- Providing legal services and advice
- Communicating with clients and other parties as required
- Managing and administrating matters related to our services
- Complying with legal and regulatory obligations
Disclosure of personal or sensitive information to third parties is prohibited unless:
- The client has consented
- It is required or authorised by law
- It is necessary to provide our services (e.g., barristers, expert witnesses)
- It is necessary to prevent or mitigate a serious threat to life, health, or safety
Data Security
The Firm takes all reasonable steps to protect personal and sensitive information from misuse, interference, loss, unauthorised access, modification, or disclosure. This includes:
- Implementing physical security measures (e.g., secure file storage)
- Employing technical safeguards (e.g., encryption, firewalls, secure passwords)
- Enforcing administrative protocols (e.g., access controls, staff training)
Access and Correction
Clients have the right to access their personal information held by the Firm and to request corrections if they believe the information is inaccurate, out-of-date, incomplete, irrelevant, or misleading. Requests should be made in writing to any employee of the Firm. Employees must facilitate these requests promptly and efficiently.
Complaints and Dispute Resolution
If a client believes there has been a breach of privacy, they may submit a complaint in writing to an Executive Solicitor or to the Principal of the Firm. The Firm will investigate the complaint and respond within a reasonable timeframe. If the client is not satisfied with the outcome, they may contact the Office of the Australian Information Commissioner (OAIC) or the New South Wales Legal Services Commissioner.
Review and Updates
This policy will be reviewed periodically and updated as necessary to reflect changes in legal requirements, technology, and our business operations.
Training and Compliance
All employees, contractors, and associates must complete regular training on privacy and confidentiality practices and understand their obligations under this policy. Non-compliance may result in disciplinary action, up to and including termination of employment.