NSW Privacy and employment

[christo9999]

Hello thanks for the opportunity to ask a question.

8 years ago I applied for employment with a company which is part of a group of companies. Sensitive medical information was collected with consent at that time. The application was not successful probably due to the nature of the medical information.

If I now wish to reapply to that company or another company in the group can I withdraw consent for them to use that past information so it does not jeapordise a future employment application? Will that information realistically be deleted From their records?

It is a publicly listed transport company not law enforcement or government so I believe not exempted from privacy legislation.

Thank you.

 

[Rod]

can I withdraw consent for them to use that past information so it does not jeapordise a future employment application? Will that information realistically be deleted From their records?

1. Yes. The reason question you are asking is are they obliged to act on your withdrawal - No
2. Unknown, we'll need the opinion of someone who works in HR for large companies to answer that question. It seems unlikely,

Are they likely to go back in time? Depends on how thorough they are with their vetting.

If the new job is one of interest to you, then apply.

 

[christo9999]

Hi Rod thanks for your reply. Yes they are likely to look back they are extremely thorough. Why do you say they’re not obliged? I thought that was the whole purpose of the privacy act?

The job is very important to me would you recommend I have a lawyer draft the letter?

 

[Rod]

I thought that was the whole purpose of the privacy act?

Nope. Read this, it is reasonable summary: Rights and responsibilities

Because you have no right to demand the destruction of information, no point writing a letter that would likely guarantee no success in future applications.

Also note what the Privacy Act does not cover on the above page.

 

[christo9999]

Ok thanks

 

[squiggly]

Want to talk about privacy, read this.

In 2020 I was working (as a contractor) for an Australian intelligence agency called the Australian Signals Directorate. My contracting agency at the time was a company called Kinexus (formerly Kinetic Recruitment).

While there, they compromised my personal information and disseminated in the workplace, including things like my (personal home) Youtube viewing history of a sexually suggestive nature, my relationship preferences, and actual aspects of my sex life I told their psychologist (as part of an "confidential" occupational suitability assesment). I suffered actual workplace harassment as a direct result of this compromise. There are many other such occurences I won't mention here.

I have reason to believe this information compromise was found to be illegal, possibly criminally so, in mid 2020, for various reasons including the sudden cessation of the harassment and other reasons.

I have now left that place of employment of my own volition. I am now seeking to have my employment contract with Kinexus declared void so I can start talking publicly about what happened and naming those involved.

I hope the basis for declaring the contract void will either be that:
- Kinexus did not disclose that my personal information would be obtained and disseminated in such a way, and I would not have signed the contract originally if that was the case.
- They failed to provide a safe environment free from harassment.
- I have natural legal rights to talk about what I believe to be illegal and possibly even criminal conduct.

What do you guys think?

 

[Rod]

he basis for declaring the contract void will either be that:
- Kinexus did not disclose that my personal information would be obtained and disseminated in such a way, and I would not have signed the contract originally if that was the case.
- They failed to provide a safe environment free from harassment.
- I have natural legal rights to talk about what I believe to be illegal and possibly even criminal conduct.

None of the reasons you quoted would void an employment contract.

 

[squiggly]

None of the reasons you quoted would void an employment contract.

Isn't failure to disclose material matters a standard part of contract law?

 

[Rod]

It is, but unlikely to void the contract based on what you describe.

The other problem is how to put the parties back into their original positions. It is not like they can give your hours back and you repay the wages.