DOT, I telephoned the OAIC this morning, it didn't take long to get through and the lady was very helpful with an excellent understanding of the issues.
She believed that it was within the scope of the Act that the WTBTS could collect the sensitive information however they are not permitted to do this without the consent or knowledge of the individual. They are required to notify the individual of this information gathering and advise what is being collected and for what purpose, unless it was impracticable. Given the circumstances - that a letter was being sent to all congregations, she felt that their organization would not view it as impracticable because they had already demonstrated that they were able to communicate easily by sending out a letter to all congregations and taking that one step further by sending it to all individuals was possible (I did mention that their were over 60,000 members and she saw no reason thy it would be impractiable or unreasonable for individuals to be informed).
She went on further to explain that the Elders collecting this information could also be in breach.
The Act generally applies to organizations with a turnover of over $3 million. The WTBTS Sydney used to claim that their turnover was under this amount as it didn't include donations. Paul Grundy did a lot of research on this and information can be found on his website and includes this comment
In 2009, after a period of 3 years, the Commissioner received legal advice that for a certainty the definition of turnover in the Privacy Act was intended to include donations.
http://jwfacts.com/watchtower/experiences/personal-files-privacy-act-1988.php
I said to her that I understand that the individual congregations were established as separate legal entities and that their turnover was likely to be under $3 million each. She said that this did not mean that the Commission would view them as separate and if not, the Elders were subject to the Privacy Act.
She advised that they would investigate the matter if an individual to whom this would affect, wrote/emailed in with the details. If another person wanted to write in they would need to specify to which individual/s this affected and show evidence that they have their permission to write in on their behalf.
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DOT, notice the clause that I quoted was specifically addressing 'sensitive' information which includes such things as gender, religious and philosophical beliefs and as that it could be argued that activities of the org. are centred around the promotion of specific religious beliefs. The OAIC Officer indicated that the type of information being requested was likely to be within the guidelines.
The area that the OAIC Officer indicated that they could be in breach is found in this section
3.6 An APP entity must collect personal information about an individual only from the individual unless:It seems to be a general practice with Australian Government Departments that they want factual cases to be identified for them to take further action. They want names of people who may be affected or of those involved.
(a) if the entity is an agency:
(i) the individual consents to the collection of the information from someone other than the individual; or
(ii) the entity is required or authorised by or under an Australian law, or a court/tribunal order, to collect the information from someone other than the individual; or
(b) it is unreasonable or impracticable to do so.
Solicited personal information
3.7 This principle applies to the collection of personal information that is solicited by an APP entity.