Privacy determinations updates

Finding: No jurisdiction

Remedies: N/A

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — Former public servant collected personal information from former government agency employer — Whether respondent is an APP entity — Collection and disclosure to answer professional complaint — Consideration of s 7(1)(ee) and s 7B(1) — Whether exempt ‘act or practice’ — Whether acts in ‘course of business’ — Acts not in the course of business — Conduct not acts or practices — Complaint dismissed.

Finding: Breach

Remedies: Acknowledgment of interference with privacy. Apology required from respondent.

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles – APP 5 – Collection of personal information without prior notification – whether reasonable steps taken to notify complainant of certain matters or to ensure complainant made aware of collection of personal information – Breach identified.

Finding: Breach

Remedies: Acknowledgement of interference with privacy and conduct must not be repeated or continued. Respondent to take specified action and engage independent reviewer to assess respondent’s current APP 12 privacy compliance procedures, policies and processes.

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 12   — Access to personal information refused — Whether access in the manner requested was reasonable or practicable — Consideration of trauma-informed approach to access — Whether exceptions under APP 12.3 apply — Whether access to information would reveal respondent’s intentions in relation to negotiations with the complainant — Whether access to information would have an unreasonable impact on the privacy of others — Non-compliance with APP 12 — Acknowledgment of interference with privacy — Conduct not to be continued or repeated — Specified action to be taken by the respondent — External review required.

Finding: Breach

Remedies: Acknowledgement of interference with privacy and conduct must not be repeated or continued. Compensation for non-economic loss awarded.

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 6 — Disclosure of personal information to third party — Whether use or disclosure of personal information was for primary or related secondary purpose — Whether any exceptions in APP 6.2 apply to acts and practices — Breach of APP 6 — Conduct must not be repeated or continued — Acknowledgement of interference with privacy — Compensation for non-economic loss awarded.

Finding: Breach

Remedies: Acknowledgement of interference with privacy and conduct must not be repeated or continued. Apology and specified action required from the respondent.

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 6 — APP 10 — APP 11 — APP 13 — Handling of personal information by strata management — Whether improper disclosure of personal information — Whether reasonable steps taken to ensure accuracy of personal information — Whether reasonable steps taken to protect against unauthorised disclosure — Whether reasonable steps taken to correct personal information — Breach of APP 6, APP 10 and APP 13 — Acknowledgment of interference with privacy — Must not repeat or continue conduct — Apology required —Specified action required.