Privacy collection notice – investigation stage 2

Your personal information(Opens in a new tab/window) is protected by law, including under the Privacy Act 1988 (Cth) (Privacy Act). 

The Department of Social Services (Department, we, us, our) collects personal information about individuals for a range of purposes to enable us to carry out our functions. This privacy collection notice aims to ensure you are aware of certain matters in relation to our collection of your personal information, as required by the Privacy Act for the purposes of Stage 2 of the Investigation.

What is the purpose of collection? 

The Australian Government is commencing Stage 2 of the independent investigation into the historical Republic of Korea (ROK)-Australia adoption program (the Investigation), to identify any irregularities in historical adoptions between 1964 and 1999 and examine how relevant agencies, organisations and authorised individuals acted within their roles and responsibilities. 

The findings from this investigation will inform future policy decisions and support transparency, accountability and inform what supports are needed for affected adoptees and their families. The investigation is led by Robert Cook, an eminent person engaged by the Department. 

In Stage 2, we are gathering information from individuals and adoptive parents with lived experience of the ROK-Australia adoption program. Other individuals (such as social workers) may also supply information. This information will be used to undertake the Investigation, by:

• conducting interviews and reviewing submissions and adoption records to develop the evidence base for the Investigation
• understanding the experiences of adoptees, adoptive families and other stakeholders
• identifying patterns, anomalies and historical issues associated with intercountry adoption practices
• preparing findings and reports arising from the Investigation.

The Department may use de-identified information and aggregated findings from submissions, interviews and records in reports arising from the Investigation.

Who is collecting your personal information?

Your personal information will be collected by the Department and shared with the investigator and organisations assisting him (the Investigations Team), as set out in this privacy notice. The Investigations Team may also collect your personal information if it reviews your adoption file, with your permission.

What we collect

The information collected will depend on what you choose to provide, and how you choose to provide it. It may include:

• your name and contact details (if you supply them)
• adoption history and personal experiences, concerns and opinions
• information contained in adoption records and supporting documents 
• any sensitive information that you choose to share.

Sensitive information includes information about your racial or ethnic origin, religious beliefs, and health.

Where a supporter or family member attend an interview, the Department will also collect any personal information they share (such as their name and relationship).

Adoption files and submissions may contain information about other people, such as adoptive parents, birth family members, case workers or other individuals. The Department does not need, and asks you not to supply, third party information. Where appropriate, the Department may redact, de-identify or otherwise exclude third-party information from submissions and records.

How we collect information

If you choose to participate, the Department may collect information you provide when:

• you make a written submission to the Investigation
• you participate in an interview conducted by the Investigator 
• you submit an adoption file to the Department
• the Investigation Team inspects your adoption file held by the New South Wales or Victorian government, with your consent.

For written submissions, you can choose whether to identify yourself, use another name (a pseudonym), or use no name (remain anonymous). 

Interviewees will be asked to provide their name. The interview may be audio recorded if you agree to the recording.

The Department may also inspect historical adoption records held by Australian state and territory governments. When reviewing these records, the Department will generally record only de-identified and aggregated information for analysis and reporting purposes.

Who we disclose your personal information to

The Department may disclose information collected for the Investigation to:

• Robert Cook, the eminent person engaged by the Department to lead the Investigation  
• Cobalt Consulting, the independent auditors engaged to assist with the Investigation 
• Minister for Social Services
• Employees from the office of the Minister for Social Services
• other commonwealth departments or organisations who support the Department in relation to the Investigation, such as the New South Wales Department of Communities and Justice, the Victorian Department of Justice and Community Safety, the Intercountry Adoptee and Family Support Service and state and territory central authorities 
• our ICT Contracted Service Provider, for the purposes of assisting the Department with information technology services
• other parties where the disclosure is required or authorised by law.

Your personal information will only be disclosed where reasonably necessary to conduct the Investigation. The Investigation’s final report will not identify individuals.

Participation is voluntary 

We recognise that sharing your information and records can be deeply personal and, for some people, upsetting or distressing. Taking part in the Investigation is your choice.

If you decide not to participate in the Investigation, your decision will not affect any government service, payment or support that you receive. There are no adverse consequences if you choose not to participate, but your experiences, views or records will not be available to help inform the Investigation's findings.

We will not usually disclose your personal information to people overseas 

The Department is not likely to disclose your personal information to recipients outside Australia.

Storage of your personal information 

Storage of personal information (and the disposal of information when no longer required) is managed in accordance with the Australian Government records management regime, including the Archives Act 1983, agency specific records authorities and general records authorities. This ensures your personal information is held securely by the Department. 

Any information disclosed to third parties will be handled in accordance with the Privacy Act and stored in accordance with agreed security protocols. 

More information 

The Department’s Privacy Policy contains more information about how we handle personal information, how you can access any personal information that we hold, and how to seek correction of that personal information. It also contains information about how to make a complaint about a breach of the Australian Privacy Principles, as set out in the Privacy Act. 

You can contact ICAInvestigation@dss.gov.au if you have any questions or for more information.