Privacy Collection and Surveillance Notice

Privacy collection and surveillance notice

Last updated: 8 December 2023

The purpose of this notice is to let you know what information is collected by the NSW State Emergency Service (NSW SES, we, us or our) about you in the myAvailability App (App) and how the information is used. This includes information about the App’s tracking surveillance function.

Surveillance

The App will be released to NSW SES members on 18 December 2023. The use of the App and its GPS tracking function is entirely voluntary.

Under the Workplace Surveillance Act 2005, NSW SES is required to provide existing members with 14 days’ notice before the surveillance commences, unless the member agrees to a lesser period of notice. However, a member may agree to a lesser period of notice by opting to use the GPS tracking within that 14 day period.

Optional use of tracking surveillance

The App includes an optional GPS tracking function which will be used on an ongoing basis.

The GPS tracking function monitors your location to allow NSW SES to determine your proximity to an incident or Unit. This function will only operate if you activate yourself to a request in the App.

Your location will be monitored for the period of activation. If you are using the App in the background on your device, your location will continue to be monitored while you are activated. However, if you are activated to a request by another member, then location monitoring will not be used.

The tracking function will be automatically deactivated at the closure of a request. You can also deactivate the GPS tracking function at any time by going to Profile>GPS Settings>Allow GPS tracking in the App or through your device settings.

Privacy

Please refer to the following sections for more detail on the personal information that will be collected through the App (including the GPS tracking function) and how it will be used, disclosed and stored.

What personal information will the App use and collect?

The App will collect and use your personal information as required or permitted under law. This personal information may include:

• any statements and opinions you enter into the App
• your device location, if you have enabled the GPS tracking function (Please note. The App will not record any location data. The location data will only be visible during the activation period.)
• your personal contact details
• your member information (e.g. attendance and capability qualifications)

Your personal information is protected by law, including the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002.

Why are we collecting this personal information?

The App is an enhancement tool for NSW SES management and coordination of a response to an incident.

Your personal information improves the App’s functions. For example, if a member self-activates for a response to an incident, the App will show the member’s proximity to the incident or Unit and their capability qualification. In these circumstances, the information improves the agency's responsiveness and the safety of the community.

How will we use and disclose your personal information?

NSW SES will use the personal information you provide for the App’s primary purpose, or a directly related secondary purpose. This includes:

• notifying relevant NSW SES members of your availability to respond to an incident. (The relevant members may include a Duty Officer, a Unit Commander, Incident Controller, Incident Management Team personnel or Zone or State Operations Centre personnel.)
• communicating with you about an incident or activation
• the creation and maintenance of records relating to an incident, including any comments you have recorded about the incident
• any other relevant operational purpose

NSW SES uses a third party software developer to maintain and operate the App on behalf of the agency. The software developer may have access to your personal information and is subject to the same privacy obligations as NSW SES.

NSW SES may disclose your personal information to other government departments and agencies, and third parties who assist us in operating our business. NSW SES will not disclose your personal information to anyone else unless you provide your consent, or the agency is required or authorised to do so by law.

Are you required to provide us with your personal information?

There is no requirement to enter your personal information into the App. Your use of the App is voluntary.

However, by choosing not to provide your personal information, your use of the App will be limited. For example, you will not be able to use the App to activate yourself for a job.

Protecting and storing your personal information

NSW SES and any third party involved in the maintenance and operation of the App will take reasonable security measures to protect your personal information from loss, unauthorised access, use, modification, disclosure, or other misuse.

We will only your other personal information for as long as is necessary for the purpose for which that personal information was collected and to the extent permitted by law.

Further information

You may ask for access to the information we hold about you at any time and request to update, correct or amend your personal information by contact us on the details below:

Postal address:    Privacy Officer

                          Government Relations and Legal

                          NSW State Emergency Service

                          PO Box 6126

                          Wollongong NSW 2500

Email address:     gipa@ses.nsw.gov.au

Telephone:          02 4251 6188

Website:             www.ses.nsw.gov.au