[Linux-aus] How the council breached their constitution - membersregister request section 7
C J du Preez
cjdp at cjdpenterprises.com
Mon Dec 19 09:09:01 AEDT 2022
Given the Optus and Medibank breaches, and the fact that data from different sources can be combined and sold on the dark web to malicious actors, the ability to request member data in modern times seems dangerous and should be removed from the constitution in my opinion.
C J du Preez
On 19/12/22 07:52, Mark Foster via linux-aus wrote:
> I agree Marcus's request seems particularly vexatious in terms of the way he's communicating with us here.
> However before everyone else gets up-in-arms:
>
> - The Constitution is published at https://linux.org.au/about-us/constitution/
> - You joined Linux Australia therefore you have agreed to abide by the constitution; if elements here are a surprise then you have noone to blame but yourself for signing up without reading and considering the ramifications of it first.
>
> Here's Section 7 in full:
>
>
> 7. Register of members
>
> (1) The public officer or the secretary of the association must establish and maintain a register of members of the association specifying the name and postal or residential address of each person who is a member of the association together with the date on which the person became a member.
> (2) The register of members must be kept in Australia:
> (a) at the main premises of the association, or
> (b) if the association has no premises, at the association’s official address.
> (c) in electronic format in a manner accessible to the public officer and secretary of the association.
> (3) The portion of the register of members comprising names of members and dates on which the person became a member must be open for inspection, free of charge, by any member of the association within five business days of receipt of a written request by the public officer or secretary of the association.
> (4) A member of the association may obtain a copy of any part of the register on payment of a fee of not more than $1 for each page copied or printed, or without fee for an electronic copy of the information.
> (5) If a member requests that any information contained on the register about the member (other than the member’s name) not be available for inspection, that information must not be made available for inspection.
> (6) A member must not use information about a person obtained from the register to contact or send material to the person, other than for:
> (a) the purposes of sending the person a newsletter, a notice in respect of a meeting or other event relating to the association or other material relating to the association, or
> (b) any other purpose necessary to comply with a requirement of the Act or the Regulation.
>
> To implement section (5) all you need to do is login to the membership portal, update your details and select the tickbox "Supress details for membership information requests"
>
> ... so a request under SubSection (4) is only going to reveal your name if you've exercised your rights under SubSection (5).
>
> SubSection (6) does make it clear the reasons that information obtained from the members register can be used - basically it needs to be about LA business. A shame that Marcus hasn't provided assurance that his intentions are aligned with this clause.
>
> Long story short; though to my eyes the suppression of any information beyond 'need to know' should likely be the default, and not something someone has to explicitly exercise via (5) above, there's full transparency in terms of our ability to protect our own privacy as associated with the data LA holds about us.
>
> I also assume there's a process for proposing updates to the constitution. Perhaps other members could advise the rationale behind the structure of Section 7 and provide guidance on whether a change is feasible, if members are concerned then they'll be able to propose an amendment and see it passed by vote at an AGM.
>
>
> Mark.
>
> On 19/12/2022 10:19 am, Lyndsey Jackson via linux-aus wrote:
>> Can we have the constitution updated so that I don't have to feel concerned that this man, who I don't know can stop claiming a right to my private contact details?
>>
>> That seems less work for us, and more beneficial for me as an individual than me cancelling my membership and demanding my information is deleted. But I am happy to do the work to go either way.
>>
>> And can we have clarity on the position of the org on this? As a past chair of EFA happy to help find a lawyer/other people to speak to.
>>
>> In my experience constitutions have some holes, because, of course they do, and it is a red flag when people start to poke in them for their own gain.
>>
>> Thanks,
>>
>> Lyndsey
>>
>>
>> On Mon, Dec 19, 2022, 7:34 AM Paul Esson via linux-aus <linux-aus at lists.linux.org.au> wrote:
>>
>> Doesn't section 7.5 state that members can request that their
>> information is not made public in this way?
>>
>> > If a member requests that any information contained on the
>> register about the member (other than the member’s name) not be
>> available for inspection, that information must not be made
>> available for inspection.
>>
>> Has the council breached the constitution by informing members of
>> their ability to make their details private?
>>
>> Paul
>>
>>
>>
>> On Mon, 19 Dec 2022, 7:40 am John Pearson via linux-aus,
>> <linux-aus at lists.linux.org.au> wrote:
>>
>> ...and while we're asking—does the constitution compel them to
>> comply, and does the law permit them to do so without our consent?
>>
>>
>> On December 19, 2022 6:50:32 AM GMT+10:30, Chris Deigan via
>> linux-aus <linux-aus at lists.linux.org.au> wrote:
>>
>> On Sun, 18 Dec 2022, at 16:46, Marcus Herstik via linux-aus wrote:
>>
>> Some time ago I asked the committee for some details
>> from the members register, being name and contact
>> details.
>>
>> Since you're writing to (some of) the members now, can you explain why you want their/our contact details in the first place?
>>
>> - Chris
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